Brian Nugawela

Professional Information

Brian has appeared at all levels of the judicial hierarchy, from doing tribunal work to appeals in the High Court.

Selected Cases

De Sales v Ingrilli (2002) 212 CLR 338 - High Court decision that changed and clarified long-standing (150 years) law and practice in relation to the "widow's discount" in fatal accident cases; became known as the "attractive widow's case".

Dossett v TKJ Nominees Pty Ltd (2003) 218 CLR 1 - High Court decision that affirmed the presumption against retrospectively over Ministerial pronouncement (statutory interpretation)

Kuligowski v Metrobus (2004) 220 CLR 363 - High Court decision concerning the doctrine of issue estoppel.

Czatyrko v Edith Cowan University (2005) 214 ALR 349 - High Court decision concerning employers' liability for industrial accidents and law relating to contributory negligence.

Kuhl v Zurich Financial Service Australia (2011) 243 CLR 361 - High Court decision concerning contractors' duty of care, duties of trial Judges in conducting fair trials, procedural fairness, the rules in Browne v Dunn and Jones v Dunkel

Newcrest Mining Ltd v Thornton (2012) 248 CLR 555 - High Court decision concerning approach to statutory interpretation (apportionment legislation)

Westrupp v BIS Industries Ltd [2015] FCAFC 173; 238 FCR 354 - Full Federal Court decision interpreting and applying the High Court decision in Comcare v PVYW [2013] HCA 41; 250 (2013) CLR 246 concerning statutory concept of "injury"

Areas of Practice

• Tort law (including professional negligence)
• Workers compensation and Comcare
• General civil and commercial litigation
• Insurance disputes (including income protection and TPD insurance)
• Appeals (including some criminal appeals)

Admitted to Practice

• Western Australia (1992)
• High Court of Australia and Federal jurisdictions (1993)