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  • Article

    A guide to Federal Court Appeal Books

    This article outlines the procedure for preparing Appeal Books for general matters in the Federal Court.
    AustraliaLitigation, Mediation & Arbitration
    Law In Order
    Law In Order
  • Article

    A long saga ends with dismissal of appeal in relation to claimed psychiatric injury

    This case was useful to illustrate assessment of the operative factors in an action for damages for psychiatric injury.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
Article

A New High Bar Set For Owners Corporations

A New South Wales Court of Appeal decision examines whether an unpainted speed hump in a carpark constitutes an obvious risk when all other tripping hazards were marked with yellow paint. The case explores the duty to warn under section 5H of the Civil Liability Act 2002 (NSW) and establishes important principles for occupiers regarding consistency in hazard marking.
AustraliaLitigation, Mediation & Arbitration
Gilchrist Connell
Gilchrist Connell
  • Article

    A plea for clarity in legal writing

    The article claims the use of double negatives, sub-clauses, redundant phrases and qualifiers pollutes legal writing.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Accidents in the playground – not always fun and games

    Recently, serious playground incidents have called for new equipment safety standards and claims for compensation.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case Note – Pederson v Northern NSW Local Health District [2020] NSWSC 741

    The defendant, Northern New South Wales Local Health District, applied for an order compelling the medical examination of the plaintiff...
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Claiming an equitable set-off to reduce the amount you have to pay

    The Court of Appeal summarised some of the relevant principles for determining when an equitable set-off is available.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Compensation claims on commercial and residential premises

    When an accident occurs in commercial or residential premises, the owner/occupier and any managing agent could be liable.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Court finds loss-making opportunity does not preclude awardof substantial damages

    This case highlights considerations to succeed in an award of substantial damages for loss of a commercial opportunity.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Cracks in the principle of legality in statutory interpretation

    The High Court's previous insistence on unambiguous language in statutes to curtail fundamental rights may be waning.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Guide to appealing your case in commercial matters

    As each Court has different rules and time frames for appeals, you must act quickly if you receive an adverse judgment.
    AustraliaLitigation, Mediation & Arbitration
    Madgwicks
    Madgwicks
  • Article

    Husband succeeds on causation over wife’s death on appeal

    Public authority immunities will not always be invoked, particularly if the authority's actions have been unreasonable.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    I gave my daughter money to buy her property, so I should have part ownership. Which case won?

    Recent case draws on precedents to decide whether a conditional or unconditional gift was given by a mother to her daughter.
    AustraliaLitigation, Mediation & Arbitration
    Stacks Law Firm
    Stacks Law Firm
  • Article

    I have been injured in a motor vehicle accident: what do I need to do?

    Strict time frames apply, so this is a brief outline of the process involved in lodging a motor vehicle accident claim
    AustraliaLitigation, Mediation & Arbitration
    Kells
    Kells
  • Article

    Landmark Australian Class Actions Book Launches Third Edition

    Following a period of evolution in the class actions market, the highly practical third edition of Class Actions in Australia is now available.
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Liability update: Casaclan v Wealthsure Pty Ltd [2015] FCA 761

    This case reviewed the individual circumstances of each of the claimants' allegations and the liability of Wealthsure.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    Litigation funding: an industry due to go under review

    Australian Law Reform Commission is inquiring into class action proceedings and third party litigation funders.
    AustraliaLitigation, Mediation & Arbitration
    Worrells
    Worrells
  • Article

    Litigation Funding As A MIS A "square Peg In A Round Hole"

    The Full Federal Court has overturned its previous decision in Brookfield Multiplex Ltd v International Litigating Funding Pte Ltd [2009] FCAFC 147; (2009) 180 FCR 11 (Brookfield).
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    On second thoughts… Revisiting decisions relying on the Acts Interpretation Act 1901

    The Acts Interpretation Act 1901 (Cth) does not give decision-makers an automatic right to revisit a decision.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Penalties: UK Supreme Court casts doubt on the High Court reasoning

    While the High Court of Australia is not bound by the UK Supreme Court, the UKSC's decision has strong persuasive force.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Showing 341–360 of 1091 results

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