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  • Article

    Time's Up: NSW Court Of Appeal Reminder About The Importance Of Understanding And Hitting Security Of Payment Deadlines

    The NSW Court of Appeal in Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161 has confirmed that...
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Vexatious Litigants – Look Out!

    The “Vexatious Proceedings Act 2008” (NSW) (Act), which commenced on 1 December 2008, expands the powers of certain courts in New South Wales to make orders restricting proceedings by vexatious litigants.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
Norton Rose Fulbright Australia
  • Article

    What does No Win, No Fee mean?

    "No Win, No Fee" means that all people, regardless of background or financial circumstances, can seek legal advice.
    AustraliaLitigation, Mediation & Arbitration
    Kells
    Kells
  • Article

    Workers Compensation and Rehabilitation Act - requirements for an application under Gateway 237

    The exceptions to Section 237 of the Workers Compensation and Rehabilitation Act 2003. The section prevents an individual from seeking common law damages against an employer they meet certain criteria.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Australia's Proposed Data Breach Notification Law: What's The Harm In A "Real Risk Of Serious Harm" Standard?

    Last week, the government of Australia released an "Exposure Draft" of a bill that, if passed into law, would amend Australia's Privacy Act to require notification to the government...
    AustraliaPrivacy
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Adjudication determinations under SOPA may be quashed for non-jurisdictional errors of law

    This decision is likely to have wide-ranging ramifications for all participants in the construction industry in NSW.
    AustraliaReal Estate and Construction
    Clayton Utz
    Clayton Utz
  • Article

    Can a vendor cancel a contract of sale and keep the deposit? Which case won?

    Discusses a dispute concerning whether or not a property vendor was entitled to cancel a contract of sale & keep the purchaser's deposit. Who won?
    AustraliaReal Estate and Construction
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Can Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?

    A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...
    AustraliaReal Estate and Construction
    Vincent Young
    Vincent Young
  • Article

    Damage caused to a hotel business due to unperformed landlord work

    Assessing damages in these conditions could be difficult and imprecise, so certain subjective assessments may be needed.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    High Court To Review Availability Of Judicial Review Of Adjudication Determination

    In our earlier update concerning the decisions in Southern Han1 and Shade Systems2 we noted the NSW Court of Appeal decision in Shade Systems was under appeal to the High Court.
    AustraliaReal Estate and Construction
    Dentons
    Dentons
  • Article

    Recent judgment confirms 10-year limitation period for defective building work in NSW

    The case clarified that the 10-year imitation period applies to all NSW claims for damages for defective building work.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Super Returns And Not-so-super Drafting: FX Group Holdings Pty Ltd v Perpetual Trustee Co Ltd

    The NSW Supreme Court recently handed down the latest quantum judgment in the long running dispute between FX Group Holdings Pty Ltd and Perpetual Trustee Company Ltd, concerning the interpretation ...
    AustraliaReal Estate and Construction
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    USBs An Unreliable Medium For Service Under Security Of Payment Act

    The Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (Act) saved on a USB enclosed under a covering letter was not alone sufficient to effect service under the Act.
    AustraliaReal Estate and Construction
    Dentons
    Dentons
  • Article

    AAT Finding Reaffirms Documentation Is Essential For R&D

    The Administrative Appeals Tribunal's recent decision in Royal Wins Pty Ltd and Innovation and Science Australia AATA 4320 reinforces that it is important taxpayers appropriately document a hypothesis prior to commencing research and development activities.
    AustraliaTax
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Australia Court Rules In Favor Of Glencore In Transfer Pricing Case

    The Federal Court of Australia ("The Court") released its decision in the case of Glencore Investment Pty Ltd v. the Commissioner of Taxation on September 3, 2019.
    AustraliaTax
    Duff and Phelps
    Duff and Phelps
  • Article

    オーストラリア裁判所が間接的な原因に基づく株主の損害賠償請求を認

    これまでオーストラリアの裁判所は、誤認表示の禁止違反に基づく株主の損害賠償請求において、株主が当該誤認表示を認識し、かつ、当#
    AustraliaCorporate/Commercial Law
    Jones Day
    Jones Day
  • Article

    Negligent Driver Not Liable For Passenger´s Suicide

    In the recent decision of Sarkis v Summit Broadway Pty Ltd, the New South Wales Court of Appeal was asked to consider whether the negligent driver of a motor vehicle and the CTP insurer could be held liable in damages for the subsequent suicide of a passenger who had suffered an injury in the subject accident.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Excesses of innovation patent damages pulled back

    The Full Federal Court has now determined that infringement cannot occur until the grant of the innovation patent.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Apportionment of liability: The duty owed by a private hospital

    The Court recently delivered judgment in a cross-claim for contribution made by a surgeon against a private hospital.
    AustraliaLitigation, Mediation & Arbitration
    DWF (Australia)
    DWF (Australia)
  • Article

    High Court Decision On Proportionate Liability

    The decision has ramifications for lenders in professional negligence litigation, particularly claims against valuers.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Showing 261–280 of 1091 results

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