The case has been the catalyst for exclusions in professional indemnity insurance cover, withdrawals of insurance cover and increased premiums for practitioners in the building and construction industry, including consultants such as those in this case (architects, building surveyors and fire engineers)…

In Owners Corporation PS505245E and Ors v Moresi Builders Pty Ltd and Anor (Domestic Building) [2011] VCAT 1630, the Owners Corporation PS505245E and individual lot owners (“the applicants”), initiated proceedings against Moresi Builders Pty Ltd (“the builder”). The builder was responsible for constructing their residential multi-unit residential complex located in Richmond.

The case of Kozarov v Victoria [2022] HCA 12 concerns a claim brought by the appellant, Mr. Kozarov, who sought compensation under the Victorian WorkCover scheme for injuries sustained during his employment with the State of Victoria. Mr. Kozarov, employed as a public transport driver, was involved in a workplace accident that led to severe back and neck injuries.

he case of Hipworth v VWA revolves around the claim of Rosemary Hipworth, who sought leave to bring proceedings against the Victorian WorkCover Authority (VWA) for damages related to pain and suffering, as well as pecuniary loss.

In Fahey v VWA, the plaintiff, Mr. Fahey, sustained a right shoulder injury from a traumatic scapular fracture, which caused ongoing pain, reduced range of motion, and physical limitations. The injury led to significant challenges in both his professional and personal life. While he returned to work full-time, his role was modified to accommodate his restrictions, which included lifting limitations and avoiding tasks that required significant use of his right arm.

Mr. Elisha was employed by Vision Australia Limited (“Vision Australia”) as an adaptive technology consultant. In March 2015, he was involved in allegations of serious misconduct, specifically related to aggressive behaviour. These allegations were in relation to Mr Elisha’s conduct during his stay in a hotel in rural Victoria amidst his work duties (“the incident”).

Mr. Chandler, the plaintiff, suffered a work-related injury to his left knee in October 2018, which led to a fall that exacerbated pre-existing shoulder conditions. He experienced significant ongoing pain in both shoulders, with his left shoulder condition deteriorating over time. Despite extensive treatment, including surgeries, physiotherapy, and pain management strategies, Mr. Chandler's left shoulder pain remained severe, significantly affecting his daily life.

In Simmonds-Thatcher v Kamari [2021] VSCA 133, Ms. Simmonds-Thatcher (“the plaintiff”), was a passenger in a taxi that stopped to drop her off. After stopping, she walked around the rear of the stationary taxi and stepped onto the street, where she was struck by a vehicle driven by Mr. Kamari (“the defendant”). The driver of the vehicle claimed that he did not have an opportunity to see Ms. Simmonds-Thatcher before the collision. 

In the case of Piedimonte v Transport Accident Commission [2023] VCC 1698, Ms. Piedimonte (“the plaintiff”), sought leave to initiate common law proceedings against the Transport Accident Commission (“TAC”)(“the defendant”) for injuries sustained in a transport accident on 1 April 2016. The primary issue was whether her right hip injuries, specifically a labral tear and osteoarthritis, were caused or aggravated by the accident or were the natural progression of a pre-existing condition.

The case of Moore v Goldhagen involves a claim for damages following an incident in September 2017, where Mr. Moore (“the applicant”) alleged that he was injured while attempting to board a bus at a bus stop in Moorabbin. The applicant alleged that the bus driver (“the respondent”) closed the doors and drove off, causing him to fall and sustain injuries. He made reports to both Victoria Police and the Transport Accident Commission (“TAC”), which recorded details of the incident, including that the bus may have mounted the kerb.

The case of Hayden Norman v Transport Accident Commission arose from a claim by Hayden Norman (“the plaintiff”), against the Transport Accident Commission (“TAC”) (“the defendant”) under the Transport Accident Act 1986 (Vic). The claim related to injuries sustained by Norman while he was a passenger in a car driven recklessly by a friend. Norman sought compensation on the basis that the driver’s negligence caused the accident.

On 13 April 2023, the respondents made an application pursuant to section 77 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) that this proceeding be struck out and the matter referred to the Supreme Court of Victoria.

In Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9, Anna Maria Troise and Luciano Troise (“the owners”), entered into a domestic building contract with Blue Key Properties Pty Ltd (“the builder”), for the construction of a residential property. A dispute arose regarding the completion of the building works, specifically related to the issuance of a conditional occupancy permit.

In Pafburn Pty Limited & Anor v The Owners – Strata Plan No 84674 [2024] HCA 49, the Owners Corporation of a residential strata building in North Sydney initiated legal action against Pafburn Pty Limited (“the head contractor”) and Madarina Pty Ltd (“the developer”). The Owners Corporation (“the applicant”) alleged that both parties breached the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW) (“DBPA”), resulting in construction defects.

The owners submitted the claim that Meldan failed to ensure  that the works were carried out with reasonable care and skill, not that the Meldan itself  had failed to carry out the work in such a manner, the VCAT determined that the claim was not apportionable…