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The Gate That Never Was: A $15 Million Wake-Up Call for Councils and Sporting Clubs Alike

On an otherwise unremarkable Tuesday evening, a 23-year-old cricketer jogs back towards the nets and vaults over a fence. His foot unexpectedly clips the top of the rail, and he falls head-first to the ground. He will never walk again. The fence? Perfectly fine. No defects or irregularities. What was missing, and what has now led to an astounding $15.2 million award for damages, was a conveniently located gate. This simple omission is the centrepiece of the Victorian Supreme Court decision in Woolnough v Whittlesea City Council & Anor [2026] VSC 190.
Carter Newell is pleased to release its 13th edition of the Australian Civil Liability Guide. Since 2005, this Guide has been the go-to reference for insurance professionals navigating Australia’s complex liability landscape. With civil liability law continuing to evolve across every Australian jurisdiction, insurers, brokers, underwriters, managing general agents, third party administrators and risk managers need a comprehensive, up-to-date resource they can rely on. More than two decades after the Ipp Report reforms, this trusted reference continues to provide the comprehensive guidance the insurance sector needs.
With the regulatory and legal landscape within this area rapidly evolving, key reforms include stricter continuous disclosure obligations, increased penalties and expanded powers for the Australian Securities and Investments Commission (ASIC).
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success. With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
Written by Partner, Patrick Mead, this collection of 12 essays is intended as a valuable resource for insurers of first party risks, and their advisors, brokers, loss adjustors, third party administrators, and other insurance industry professionals.
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
The focus of this Guide is on domestic carriage and the civil liability laws that regulate it.
Carter Newell’s Medical Malpractice Gazette (2nd edition) features a number of noteworthy cases from within the healthcare sector.
In this edition we consider recent decisions involving a wide range of professionals including brokers, building consultants, medical practitioners, solicitors & barristers, in addition to claims relating to policy interpretation and procedure.
Carter Newell’s 14th edition Injury Liability Gazette outlines some recent decisions relating to damages, occupiers’ liability, sports & recreational activities, state & local authorities and workplace law.
This guide has been prepared to assist explorers to navigate their way through the ever changing Queensland regulatory landscape.
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
Carter Newell has a longstanding history of acting on behalf of landowners and landlords, real estate agents, valuers, surveyors, industry bodies and property industry participants throughout Australia.

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