Area of law
Public Liability
HBA Legal has unparalleled experience right across the casualty arena, in all States and Territories across Australia. Our track record extends to literally hundreds of thousands of public liability matters.
We can assist whether the claims are of a simpler nature involving members of the public on premises, or whether there are third party complex contribution claims being made including breach of contract, or issues relating to indemnity.
Our team is highly skilled at determining when to resolve a claim early, when to make a costs-protective offer, and when to run a matter to trial. While it’s nice to have a liability defence, it is also important to recognise early when the liability arguments are not strong. In these situations, our team is adept at switching gears and tailoring a different litigation strategy to protect our clients’ interests.
A significant proportion of the work we perform for clients is ‘behind the scenes’ and never sees inside a court room. We manage claims in a prompt and timely manner which allows us to recognise liability risks early, and that means we can press for discontinuances and negotiate early settlements where appropriate.
When we feel it’s in our clients’ best interest to run a matter to trial, we know it’s not just about the win (and recovery of costs); it is also about obtaining a precedent in our clients’ favour that can be used to deter and, if necessary, defend future claims.
Over the past decade, our team has successfully run critical liability cases, that have literally changed the face of defending retail public liability claims in Australia. Our history has included record wins that have garnered us (and indeed our clients) a reputation for early resolution, accuracy in reserving and being strong in defence of claims.
Importantly, we know the plaintiff firms in the market across Australia and how to handle them. We also know the best experts to use to get the desired results for clients.
For decades we have acted for hotels, retail chains, shopping centre owners, cleaning contractors, large and small retail shops, pubs, clubs, liquor stores, security companies, sports & leisure businesses, car park operators, transport & logistics companies, home appliance manufacturers, mining companies and more.
Our team is best known for prompt and succinct advice, which results in claims being managed efficiently, without unnecessarily incurring excessive costs.
HBA’s people are experienced in pre-court procedures and litigation across the nation, with early involvement of your legal team, providing cost effective solutions for pre-court procedures and saving you money through reduced damages payments and legal costs overall.
We know how to win litigation and regularly do, but arguably of greater value to clients is our ability to accurately predict the potential range of outcomes in a claim and move quickly to settle where it makes sense.
“Working with HBA continues to be a genuinely positive experience. Their team is incredibly responsive and approachable, taking the time to understand not just the legal complexities but also the nuances of our brand and reputation. They provide clear, practical advice grounded in common sense and tailored to our business needs. It’s rare to find lawyers who combine technical excellence with such a collaborative and commercial mindset - we truly value HBA’s support and continued partnership.”

Iain Hovell
Head of Global Insurance, Risk and Assurance, IHG Group
Precedent setting cases won by HBA
- Al Kammessy v Argo Managing Agency [2018] NSWCA 176: a landmark win in the Court of Appeal related to a customer slipping at a Sydney Westfield.
- Woolworths Ltd v McQuillan [2017] NSWCA 202: this is seen as a breakthrough case on the question of the test for reasonable inspection.
- McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429: HBA acted for the insurer of a real estate managing agent, succeeding before her Honour Judge Myers in the County Court of Victoria.
- Iacopetta v Woolworths Ltd [2015] NSWCA 87: the plaintiff appealed in the Court of Appeal and was ultimately left with nothing.
- Andreou v Woolworths [2013] NSWDC 83: Woolworths paid nothing and received an order for costs.
- Kalache v Secureclean Pty Ltd (No. 2) [2019] NSWDC 717: HBA acted for a London insurer of a contract cleaning company, Secureclean Pty Ltd, and succeeded in the District Court of NSW.
- Bye v Hend & Anor [2024] ACTSC 555: an electric-shock claim dismissed on credibility gaps, photo metadata and no contemporaneous proof.











