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The NSW Supreme Court has clarified the definition of 'injury' under the Motor Accident Injuries Act 2017, examining whether surgical removal of bone necessitated by accident-related injuries constitutes a separate bodily injury. The case explores the distinction between therapeutic intent and physical consequences when determining injury classification for compensation purposes.

An apology may mitigate damages for defamation, but the failure to publish an apology does not increase damages.

The injured person must also prove that, had the fault been rectified, the incident was likely to have been prevented.

This week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.

Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.

It is well known that litigation is a costly and lengthy process. Legal fees can run into several hundreds of thousands of dollars and sometimes millions of dollars, and it can take several years before a trial is conducted.

Clients often seek advice regarding their options to appeal after a family law judge has made an unfavourable decision.

A Court will have regard to many considerations when determining the most appropriate jurisdiction to hear an action.

The Court determined that an application to join Queensland Rail to the proceedings did not advance the public interest.

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing...

The defendants had failed to comply with an enforcement order made by the court in an earlier enforcement proceeding.

The respondent may still not be entitled to proceedings costs on an indemnity basis from the day after the offer date.

Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss.

This was a appeal against the decision to approve an application for a development permit for a material change of use.

These are two vital steps for a body corporate that wishes to commence an appeal or join in an appeal with the P&E Court.

It is uncertain if liquidators of insolvent construction contractors can enforce adjudication awards across Australia.

The South Australian Court of Appeal (Court of Appeal) in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors has delivered a landmark judgment.