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Costs for the time spent in preparing a compensation claim are potentially recoverable but only in certain circumstances.

In assessing, for the purposes of section 138(2)(b) MACA, whether an injured person ought to have been aware of the driver’s impairment from alcohol, consideration is to be given to the totality of the evidence including the observations and knowledge of the person and any other credible witness.

if you are providing recreational activities with associated risks, carefully consider a contractual disclaimer as well.

Other jurisdictions have taken steps to address the issues arising from the application of the principle.

If a plaintiff delays in applying for a freezing order, the defendant may take irrevocable steps to deal with the assets.

The test to be applied when deciding about summary judgment is whether there is a real or serious question to be tried.

When individuals have sustained psychological injuries and make compensation claims for the same, it is becoming increasingly common for defendants to organise examinations which involve an element of psychometric testing.

Australian readers will well remember the collapse of Pan after 28 April 2003 when its manufacturing licence was withdrawn following alleged breaches of good manufacturing practice (GMP).

A nervous shock claim can be made by individuals suffering psychological injury as a result of a motor vehicle accident.

On 6 July 2023, Lonergan J found in favour of Dr Harrison, in a complex bariatric surgery case brought by Katrina Polsen.

This case could raise fundamental legal questions about the administration and even the playing of sport in Australia.

Preliminary discovery and inspection to reveal a person's identity or whereabouts is often called "identity discovery".

A driver who negligently causes an accident owes a duty of care to any emergency workers who attend the accident scene.

Over the past several years, the Australian Government has introduced numerous major law reforms in the class actions space.

Court concluded that there was a genuine dispute existent regarding the nature of the facility agreement

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

The High Court allowed appeals in BMW Australia Ltd v Brewster and Westpac Banking Corporation v Lenthall [2019] HCA 45

Golden Mile Milling Pty Ltd, EnergyOz Pty Ltd and Novus Capital Pty Ltd were parties to arbitral proceedings that took place in early June 2022.