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The plaintiff sought a common fund order and the defendant opposed it.

Under Key Australian Federal Regimes, When is Joint and Several Liability Ousted by Proportionate Liability?

Individuals may be liable to personally pay penalties for breaches of the FW Act and potentially the model WHS laws. .

No part of the lump sum of $1.25 million paid under the deed of release constituted damages or a recovery of damages.

These 2015 Regulations prescribe new forms and other matters relating to the recovery of damages for non-economic loss.

In a recent migration decision, Saeed v Minister for Immigration and Citizenship (2010) 267 ALR 204, the High Court reiterated that when undertaking statutory interpretation, courts should first exhaust the ordinary rules of statutory interpretation before looking to extrinsic materials. The decision reaffirms that legislative provisions that seek to exclude or codify common law natural justice obligations must do so in "unmistakeable and unambiguous language". Finally, the decision clarifies t

Costs generally follow the event, so a losing party pays a winning party's costs, but the judge can use his discretion.

The Queensland Supreme Court re-evaluated the test for assessing the likelihood of a future hypothetical event occurring.

In February, Victoria’s Court of Appealoverturned a decision preventing the Australian Securities and Investments Commission ("ASIC") from bringing a second set of civil penalty proceedings against former AWB Ltd Managing Director, Mr Andrew Lindberg. ASIC brought its appeal after failed attempts to include new allegations with related subject matter into the first set of proceedings.

Mr Jackson sued Lithgow City Council (Council) alleging that it was the local council having the care and management of the park and, as a result of the Council’s negligence, he had fallen over a low unfenced retaining wall and had fallen down approximately 1.5 metres onto the concrete drain where he was found.

The Court found in favour of the Lender, and that damages for a breach of warranty of authority are not apportionable.

Witnesses should be aware of their right to claim the privilege against self-incrimination, and when and how it can be claimed. It is important to not inadvertently waive the privilege by voluntarily giving incriminating evidence.

A new trend could emerge, where debtors seek to delay enforcement action by appealing against determinations made by FOS.

Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege as merely an immunity from the exercise of compulsory statutory powers.

This case concerns an attempt to enforce a Texas default judgment against an Australian company.

A freezing order is a court order that the defendant cannot deal with specific assets up to the amount claimed by you.

2016年4月5日、オーストラリアの連邦裁判所は、投資被害を巡るクラスアクションにおいて、当事者による和解案の承認申立てを退ける判断をߍ

The Supreme Court of NSW has quashed an adjudication determination on the basis that the adjudicator's contractual interpretaton leading to its determination amounted to an error of law.