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The ‘but for’ test of causation in Australian law

A plaintiff who proves that a defendant breached a legal duty does not automatically succeed – they must also prove that the breach caused their loss. It is here that many claims fail. Partners Greg Stirling and Mark Brookes examine the “but for” test and what it means for assessing liability in practice.
28 May 2026
Recently, Partner Barnaby Austin presented on “Right of Entry”.
14 April 2026
Partner Stephanie Huestis and Partner Danielle Skinner recently presented on “Contractual Liability”.
Special Counsel Louise Edmonds presented at the request of the The Law Society of NSW as part of its Civil Litigators program – addressing “Negotiation skills for Dispute Resolution”
Recently, Special Counsel Amy Gill, Partner Michael Bath and Associate Danielle McGann presented on “Historical abuse claims: the impact of the end of the Redress Scheme and emerging litigation risks”.
Recently, Partner Greg Stirling, Senior Associate Joel White and Solicitor Thomas Ramsay presented on “Costs Assessment in Queensland”.
Partners Mark Brookes and Greg Stirling recently delivered a detailed presentation on “Securities Class Actions in Australia.”
On 2 February 2025, Partner @ Mark Kenney presented on “Non – Disclosure Agreements”.
29 October 2025
Recently, Partner Milton Latta and Associate Danielle McGann presented on “Trip and Fall claims – A practical guide on how courts assess trip hazards and how to manage trip and fall claims effectively”
Partner Peter Motti recently presented on business sales that brokers should consider at the REIQ Business Broker Lunch & Learn.
3 October 2025
Partner Glenn Biggs and Partner Danielle Skinner recently presented on “Liability Waivers”.
Partner Julie Bowker recently presented on “A Practical Guide to Recoveries”.
Partner Michael Bath recently co-presented on “Labour Hire, Sub-Contractors – Same or Different?”.

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