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  • Article

    Worker who caused his own injury was denied damages - 11 September 2015

    Causation remains an essential element of any claim in negligence against an employer, as shown in this recent decision.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    Duty Of Care, Where Does It Stop?

    The Supreme Court in Goodwin[1] held that the coverage of duty of care under section 37(1) of the Design and Building Practitioners Act 2020 (NSW) (DBPA) extends beyond residential buildings.
    AustraliaReal Estate and Construction
    Vincent Young
    Vincent Young
Article

New Guidance On The Date Of 'Practical Completion' And Its Broader Implications

The counter-argument that this ‘objective' interpretation would, in the context of delay or failure by the superintendent to certify practical completion...
AustraliaReal Estate and Construction
Dentons
Dentons
  • Article

    Australian High Court Finds Liquidators Are Not Required To Set Aside Money For Pre-Assessed Tax Liabilities

    The liquidators of Australian Building Systems Pty Ltd ("ABS") caused ABS to enter into a contract for the sale of real property, which gave rise to a capital gain tax event.
    AustraliaTax
    Jones Day
    Jones Day
  • Article

    Crypto In The Courts – ASIC v Finder Update

    The Federal Court of Appeal has dismissed ASIC's appeal and upheld the primary judge's decision that Finder Wallet's (Finder) product "Finder Earn" was not a "debenture" and they did not have to hold an Australian Financial Services License (AFSL).
    AustraliaTechnology
    K&L Gates
    K&L Gates
  • Article

    Case Note: Kaurareg Native Title Aboriginal Corporation RNTBC v Torres Shire Council

    In a legal first, Holman Webb has assisted an Indigenous group to obtain an injunction to protect a culturally sensitive story site on Muralug Island (Prince of Wales) from works proposed by the Torres Shire Council ('Council').
    AustraliaGovernment, Public Sector
    Holman Webb
    Holman Webb
  • Article

    Navigating legal costs – understanding No Win No Fee in your personal injury claim in NSW

    Demystifies the concept of "No Win No Fee" & provides clarity on how it operates within personal injury claims in NSW.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    What is the meaning of Error of Law and A question of law is involved in a workers compensation context?

    His Honour undertook an exhaustive examination of the Dispute Resolution System and the roles and powers of Arbitrators.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Mighty River Flows With The Tide

    Yesterday, in "Mighty River" the High Court of Australia gave reasons for its decision that a DOCA which contemplated a potential restructure of a company and allowed further time for investigations into its affairs.
    AustraliaCorporate/Commercial Law
    Dentons
    Dentons
  • Article

    Employer Inherits Poor Safety Standards And Criminal Conviction

    The Industrial Relations Court of South Australia recently upheld the conviction of an employer who had taken over a business less than three months before a workplace accident which resulted in an employee being injured. A conviction was recorded against the employer despite the fact that upon purchasing the business the employer had conducted a full safety audit of the business's premises and equipment and had put in place a comprehensive process for updating and improving safety.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Costs To Follow The Event In Victorian Disciplinary Proceedings Under The Health Practitioner Regulation National Law

    The Victorian Supreme Court determined that costs should ordinarily follow the event in disciplinary proceedings brought by the National Board against a registered health practitioner.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    澳大利亚对西洛西宾和二亚甲基双氧苯丙胺(MDMA)的治疗应用合法化

    澳大利亚治疗用品管理局(TGA)于2023年2月3日签发一项决定,同意修改《毒品标准》,在第8类中新增特定疾患治疗用西洛西宾及二亚甲基双氧苯丙&#
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Davies Collison Cave
    Davies Collison Cave
  • Article

    A nightmare for liquidators: When could they be personally ordered to pay an adverse cost order?

    Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Madgwicks
    Madgwicks
  • Article

    Excessive remuneration and inadequate remuneration reports: Validation of liquidators remuneration refused, with fees reduced by Court

    The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Insurable Interest: The Australian Position And How It Differs From The English Position As Articulated In Western Trading Ltd V Great Lakes Reinsurance (UK) PLC

    One of the issues considered in the recent English High Court decision of Western Trading Ltd v Great Lakes Reinsurance (UK) PLC [2015] was whether the claimant (Western) had a sufficient insurable interest...
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Occupiers Liability: Balpar Pty Ltd v Peter Hamrol [2007] NSWCA 189

    In this short and succinct decision the Court of Appeal refused to overturn the trial judge's findings in favour of the plaintiff, who suffered injury after having to push a loaded trolley up a ramp to a cellar door at a hotel.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Cadbury Does Not Own the Colour Purple (in Australia, at least)

    On 27 April 2006, Justice Heerey of the Australian Federal Court handed down his decision in Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4). To quote Justice Heerey "Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection with chocolate in Australia.
    AustraliaIntellectual Property
    Duncan Bucknell Company
    Duncan Bucknell Company
  • Article

    New Bill To Amend Australian IP Laws

    The Australian Parliament has recently introduced the Intellectual Property Laws Amendments Bill 2006 to amend and revise Australian IP laws. The major changes are in the areas of patents and trade marks.
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Stones Get Satisfaction In Bad Faith Trade Mark Opposition Win

    Pretty much everything you need to establish a bad faith ground of opposition in Australia.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    A Cautionary Tale – Last Minutes Amendments To Loan Documents With Guarantees

    In Lee v ATL (Australia) Pty Ltd [2023] NSWCA 327, the NSW Supreme Court considered whether a guarantor was liable under a loan deed that was amended by a side letter between the borrower...
    AustraliaLitigation, Mediation & Arbitration
    Vincent Young
    Vincent Young
  • Showing 321–340 of 1091 results

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