The tort of injurious falsehood is concerned with the impact of false statements on commercial activity. The recent decision of the New South Wales Supreme Court in Judo Bank Pty Ltd v Elali [2026] NSWSC 48 elucidated the principles relevant to the tort of injurious falsehood. The decision is noteworthy also because it suggests the limits of the tort as a basis for restraining future publications, that is, as a means of obtaining injunctive relief against a defendant to prevent further harm.

In Pearce v Waller Legal Pty Ltd [2025] VSC 324, a plaintiff sought damages for loss of opportunity arising from a claim of professional negligence, specifically for deprivation of the opportunity to pursue the economic loss component in an earlier proceeding against a defendant. The case illustrates the difficulties in pursuing damages for a lost opportunity to litigate.

Where the owner of goods gives possession to a bailee and the bailee then wrongfully pledges the goods to a third party, is that third party liable to the owner for conversion of the goods? Will mere possession and control of the goods suffice to establish conversion, or is something more required? The Court of Appeal in Sell Your Gold Pty Ltd v Australian Diamond Trading Corporation Pty Ltd [2018] VSCA 355 considered those questions and, in doing so, raised concerns about the lack of clarity in the law and the pressing need for legislative reform.