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  • Article

    Proportionate liability in Commonwealth legislation: Full Federal Court disagrees with itself

    The Full Federal Court recently delivered two conflicting judgments on a key issue in proportionate liability regimes.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Prove it - proving allegations at trial

    Why the right evidence, in the right way, at the right time is essential for success in litigation.
    AustraliaLitigation, Mediation & Arbitration
    HHG Legal Group
    HHG Legal Group
Article

RCR successful in obtaining a gross sum costs order against an unsuccessful plaintiff

Reminder that an award of costs is discretionary & takes into account each party's conduct in dealing with proceedings efficiently.
AustraliaLitigation, Mediation & Arbitration
Rostron Carlyle Rojas
Rostron Carlyle Rojas
  • Article

    Road Defects And Duty: Masters v Mitchell Shire Council (No 2)

    In Masters v Mitchell Shire Council (No 2) [2026] VSC 598, the plaintiff sought damages in the Supreme Court of Victoria for injuries sustained when his motorcycle crashed on a curve along Reedy Creek Road in Tyaak on 25 December 2022.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Should I stay or should I go? - execution of a writ of possession of property

    The Supreme Court of NSW has a wide discretion to stay the execution of a writ of possession.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    The Shock Of it All – Police Injury Case Remitted to the Court of Appeal

    On 31 January 2003, a passenger train operated by State Rail came off the tracks at high speed near Waterfall Station south of Sydney. Serving members of the NSW Police Force and the appellants in the High Court, Sheehan and Wicks, were among the first to arrive at the scene. All involved in the litigation classed the respondents as "rescuers", and they were confronted with gruesome scenes of death and injury at the site of the derailment. As a result, they claimed to have suffered a recognisabl
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    UK Supreme Court casts doubt on the High Court reasoning on penalties

    Given the UK criticism, the next High Court penalties case is likely to elicit a clear position and significant guidance.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Under The Guillotine: Inside A High-Stakes Expert Report Deadline

    Forensic accountants Dawna Wright and Rhys Horwill explore a recent engagement with a client in the health care industry.
    AustraliaLitigation, Mediation & Arbitration
    FTI Consulting
    FTI Consulting
  • Article

    What a Greg Inglis try assist can teach us about legislative interpretation

    When trying to interpret the law, one has to look further at the context of the legislation and what it aims to do.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Is there a better alternative to liquidated damages on construction projects?

    Liquidated damages are used in the construction industry to give compensation for late completion of building work.
    AustraliaReal Estate and Construction
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Property Manager Liability: Delegated Duties Exposes Agent - Yeung v Santosa Realty Co Pty Ltd [No 2] [2020] VSCA 29

    Landlord recovers fully from managing agent for claim by injured tenant for failing to identify obviously defective stairs.
    AustraliaReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Queensland Land Court dismisses appeal concerning valuation of land

    The Appellant had not discharged the onus of proof that there was an error in the Valuer-General's original assessment.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Protect Your Right To Recover Damages

    Liquidated damages clauses, which allow parties to predetermine the amount of damages payable in the event of a breach, are a common feature of standard form construction contracts. Australian Standard (AS) construction contracts, for example, allow for liquidated damages for delays in reaching practical completion.
    AustraliaStrategy
    Minter Ellison
    Minter Ellison
  • Article

    Ruling Limits Council’s Liability

    A decision handed down by the High Court of Australia on 27 February 2007 will have wide implications nationally for the extent of Local Government's liability.
    AustraliaInsurance
    HopgoodGanim
    HopgoodGanim
  • Article

    Clarity on apportionable claims - Selig v Wealthsure Pty Ltd (2015) 320 ALR 47

    An "apportionable claim" for the purposes of Division 2A is a claim based on a contravention of section 1041H only..
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    High Court clarifies the scope of the proportionate liability regime in the Corporations Act

    The proportionate liability regime in the Corporations Act was limited to the claim of misleading or deceptive conduct.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    "Just And Equitable" Winding Up: A Viable Cure For Creditor Distress And Shareholder Oppression

    The Supreme Court of Victoria's recent decision in Pacific Dairies Limited v Orican Pty Ltd[1] illustrates judicial unwillingness to interfere in shareholder disputes
    AustraliaCorporate/Commercial Law
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Police officer appeals conviction in an effort to keep his job

    This appeal comes as the Queensland Crime and Corruption Commission begins an inquiry into public sector data misuse.
    AustraliaCriminal Law
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    The Serious Consequences For Australians Involved In Corrupt Conduct Are Becoming Clear

    In the last week, there have been three reported matters which demonstrate the material consequences that Australian companies and individuals may face as a result of involvement in corrupt conduct.
    AustraliaCriminal Law
    Baker McKenzie
    Baker McKenzie
  • Article

    Industrial Manslaughter

    In an illustration of an extreme example of recklessness and negligence in relation to the health and safety of workers, four workers died after being hit by a runaway trailer on a railway in Cumbria, United Kingdom in February 2004.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Showing 361–380 of 1091 results

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