The High Court has handed down an excellent decision in the case of Stewart v Metro North Hospital and Health Service [2025] HCA 34, establishing a landmark precedent for future care needs in compensation law. The decision recognises and emphatically confirms that home-based care, even though it is more expensive, can be a ‘reasonable need’ to restore the injured person’s quality of life.
The story behind the case
The plaintiff, Michael Stewart, was once an active and independent man who lived in his own home with his brother where his son and dogs could stay frequently. Following negligent medical treatment, he sustained multiple life-altering injuries that left him unable to care for himself. As a result, he was moved into institutional care.
While institutional living provided basic support, it came at a heavy personal cost. His health and wellbeing deteriorated due to lack of therapy and exercise, the absence of his family and pets, and the loss of the comfort and familiarity of home. Stewart’s legal team argued that home-based care would not only meet his medical and physical needs but would also give back some of his dignity, autonomy, strengthen his mental health, and keep him connected with his family.
The difficulty was that the proposed home-based care plan carried a price tag almost $4 million higher than institutional care. Both at first instance and then on appeal, rulings were made that institutional care was adequate, and he would receive similar, personalised care.
The High Court’s Ruling
The High Court unanimously overturned the Queensland Court of Appeal, ruling that it was reasonable that Mr Stewart be awarded damages for home-based care, noting that it would restore his dignity, independence, and quality of life more so than the cost-efficient institutional care.
This outcome represents a significant clarification in how courts approach future care compensation for severely injured people, reaffirming that the assessment of damages should consider the injured person’s right to live as closely as possible to the life they led prior to injury, with dignity and autonomy – not simply cost minimisation.
Why this decision matters
Ryan Flippence, Senior Associate in our Compensation Law team, emphasised the significance of the case:
“The solicitor for the plaintiff spoke at a recent conference I attended – it is a fantastic outcome for the plaintiff and for a particular client I have now. Both lower courts found that the cheaper cost of institutional care was adequate but did not consider that the more expensive preferred home-based care placed the plaintiff, as much as money can, back in the position he would have been in but for the negligence. Great outcome for the plaintiff and future plaintiffs who have suffered catastrophic injuries.”
This ruling is a welcome development for injured people and their families across Australia. It sets a precedent that:
- Compensation must reflect real needs, not just cost savings.
- Home-based care can and should be recognised as reasonable where it restores independence, dignity, and comfort.
- Insurers and defendants cannot rely solely on institutional care as the benchmark for adequacy.
How this may affect future cases
For many of our clients, particularly those who have suffered life-changing injuries due to the negligence of another, this decision provides reassurance that the courts will consider the true extent of their needs. It may also influence settlement negotiations, as defendants will be under greater pressure to recognise the legitimacy of home-based care claims as the onus will be on them to show why it is not reasonable.
Our role in helping injured clients
At Conditsis Lawyers, we have seen first-hand how important tailored care arrangements are to our clients’ recovery and quality of life. This High Court ruling strengthens the legal foundation for pursuing fair and just compensation, ensuring that the focus remains on what best supports an injured person’s long-term wellbeing.
If you or a loved one has suffered a serious injury and need advice on compensation and care entitlements, our experienced team is here to help.
