The home of news, views and analysis for the WA legal profession

Case notes

Short, sweet and must-know analysis of recent cases.

High Court reinforces exemplary damages against governments for systemic misconduct

July 31, 2026

Nicholas Hodgkinson and Thomas O'Keefe consider why the High Court confirmed governments can face exemplary damages in Austral v Northern Territory of Australia [2026].

Case notes

$150 million for cultural loss: Yindjibarndi compensation ruling rewrites native title history

July 30, 2026

Isobel Millward, Juris Doctor student at UWA, and Greg McIntyre review Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia (No 2) [2026].

July 28, 2026

The troubled rollout of WA’s Workers Compensation and Injury Management Act 2023

Joel Trigg discusses why Western Australia’s new Workers Compensation and Injury Management Act 2023 face tax complications, administrative failures and controversial reforms undermining injured workers’ rights.

July 27, 2026

Case note: Litigation funding orders must be supported by evidence

Keleigh Robinson and Craig Nichol from the Family Law Book summarise Mihova [2026].

Case notes

Case note: Into the hot tub

Keleigh Robinson and Craig Nichol from the Family Law Book summarise Ashdown & Markin (No.2) [2026].

July 22, 2026

Case notes

Court rebukes judicial conduct in child neglect case

Nicholas Hodgkinson summarises why the Court of Appeal ordered a retrial in Courtney (A Pseudonym) v WA [2026].

July 14, 2026

Case notes·Legal updates

Flexible work refusals under the microscope

Join Giacomo Giorgi and Anisha Dias as they do a deep dive into recent decisions relating to flexible work requests.

July 9, 2026

Case notes

A watershed ruling on Crown and riparian rights to water

Emeritus Professor Alex Gardner and Juris Doctor student Melanie Fraser consider the Court of Appeals decision in Crossley v English [2025].

July 7, 2026

Case notes

When an agreement isn’t an agreement: ALDI’s BOOT battle

Simon Rogers considers a Full Court decision in which ALDI took on enterprise bargaining and flexibility.

July 2, 2026

Case notes

Case note: Australian proceedings not a vehicle for foreign litigation

Keleigh Robinson and Craig Nichol from the Family Law Book summarise Peng & Zhang [2026] FedCFamC1A 83.

July 1, 2026

Case notes

The sting of silence: Prosecutorial comment and the right to a fair trial

Nicholas Hodgkinson considers why the Court of Appeal held that the prosecutor breached s 8(1)(c) of the Evidence Act 1906 (WA) in KHB v The State of Western Australia [2026].

June 25, 2026

Case notes

Case note: A question of impartiality for retired Family Court judge

Keleigh Robinson and Craig Nichol from the Family Law Book summarise Tanit [2026].

June 22, 2026

Case notes

Case note: The Full Court divides $153 million asset pool in estate of deceased husband

Keleigh Robinson and Craig Nichol from the Family Law Book summarise Shehu & Vicario [2026].

June 18, 2026

Case notes

Whistleblower claims clarified: Full Court confirms the subjective test for employer liability

Simon Rogers considers the Full Court's decision reinforcing the importance of documented decision-making in Reiche v Neometals Ltd [2026].

June 12, 2026

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Case notes

High Court reinforces exemplary damages against governments for systemic misconduct

$150 million for cultural loss: Yindjibarndi compensation ruling rewrites native title history

The troubled rollout of WA’s Workers Compensation and Injury Management Act 2023

Case note: Litigation funding orders must be supported by evidence

Case note: Into the hot tub

Court rebukes judicial conduct in child neglect case

Flexible work refusals under the microscope

A watershed ruling on Crown and riparian rights to water

When an agreement isn’t an agreement: ALDI’s BOOT battle

Case note: Australian proceedings not a vehicle for foreign litigation

The sting of silence: Prosecutorial comment and the right to a fair trial

Case note: A question of impartiality for retired Family Court judge

Case note: The Full Court divides $153 million asset pool in estate of deceased husband

Whistleblower claims clarified: Full Court confirms the subjective test for employer liability

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High Court reinforces exemplary damages against governments for systemic misconduct

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The troubled rollout of WA’s Workers Compensation and Injury Management Act 2023