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  • Article

    Landowners should know entitlements to compensation under a CCA

    Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
    AustraliaReal Estate and Construction
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    NSW Court Of Appeal – Security Of Payment Act Did Not Permit Review Of An Adjudicator's Determination Other Than For Jurisdictional Error

    The Supreme Court at first instance had determined that an adjudication determination could be remitted to the adjudicator for re-determination for non-jurisdictional error.
    AustraliaReal Estate and Construction
Dentons
Dentons
  • Article

    What Is Considered ‘Defective Works’ And The Importance Of Expert Witness Independence

    On 4 March 2026, the Supreme Court of NSW handed down a decision which discussed the distinction between works defects and incomplete works, explored whether mere dissatisfaction of works is deemed defective, and provided a reminder of the importance of an expert witness’ independence when preparing a report (lest their opinion be given less weight as a consequence).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    ‘Pay When Paid' Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

    A ‘pay when paid' provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract.
    AustraliaReal Estate and Construction
    Vincent Young
    Vincent Young
  • Article

    Compensation for cyclists

    Cyclists who suffer injury as a result of the negligence of a motorist, may claim compensation from the driver's insurer.
    AustraliaTransport
    Mellor Olsson
    Mellor Olsson
  • Article

    Medical Assessments and Disability Discrimination

    The Hollingdale case revisits the issues associated with managing employees with a mental disability and, in particular, the manifestation of anti-social behaviours in the workplace.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    The Anatomy Of Proper Pleadings In A Post-AA World

    Whether the respondent’s Amended Statement of Claim was sufficiently pleaded, in light of the decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Transnational Class Action Dispute Over Oil Spill Commenced in Australia

    The Background: Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd raised the question as to whether the Federal Court of Australia possesses the power to consider an extension of time...
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Australian Court Revisits Admissibility Of Surrounding Circumstances In Contractual Interpretation

    The principles underlying contractual construction have been the subject of much debate between intermediate courts in Australia.
    AustraliaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    New Rights For Victim-Survivors In Victoria

    Victoria's Justice Legislation Amendment Act 2025 fundamentally reshapes institutional accountability for child abuse by expanding vicarious liability beyond employees to include volunteers and others...
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Are Fingerprints Employee Records? Biometric Data In The Workplace

    In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification, absenteeism, and workplace surveillance.
    AustraliaEmployment and HR
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    NSW Government Bulletin: a zeugma in statutory interpretation

    In this decision, the NSW Court of Appeal examined the construction of the section, including the impact of a zeugma.
    AustraliaGovernment, Public Sector
    Holding Redlich
    Holding Redlich
  • Article

    To litigate or not to litigate: ASIC's request for a court inquiry rejected

    This decision set a higher threshold for determining applications for a court inquiry into the conduct of liquidators.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    HHG Legal Group
    HHG Legal Group
  • Article

    Victorian Government considers a review of coronial investigation processes

    The Coronial Council of Victoria has been asked to review the appeals and reopening processes for these investigations.
    AustraliaInsurance
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    BEABA, Biba, And Bad Faith

    In BEABA v Biba (Zhejiang) Nursing Products Co., Ltd [2022] SGIPOS 5, BEABA successfully opposed Biba (Zhejiang) Nursing Products Co.'s ("Biba") applications...
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    User pays but who gets paid? The vexed question of damages for copyright infringement

    These cases show the importance of structuring IP ownership at the outset, and considering future infringement claims.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    A guide to navigating the AAT appeal process

    The right guidance and understanding can effectively appeal a refusal for a more favourable outcome.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    A matter of interest

    The purpose of interest awards in court cases is to compensate for the loss of the use of the money.
    AustraliaLitigation, Mediation & Arbitration
    Havilah Legal
    Havilah Legal
  • Article

    Adjudicators' Security Of Payment Determinations Not Reviewable For Errors Of Law

    The actions confirm that Australian courts will only in very limited circumstances overturn a determination under the statutory adjudication process.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Agreeing on civil penalties

    Like any party to a civil proceeding, regulators can make submissions or reach agreement on an appropriate penalty.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Showing 221–240 of 1091 results

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