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Much has been written about the Westpac responsible lending case. At risk of adding to the weight of those volumes

To establish the peer defence, medical practitioners must show that an established practice existed at the alleged time.

The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma)...

A recent decision of the Federal Court has clarified the scope of an insurance brokers' duty to make reasonable enquiries to ascertain the risks posed by their client's business operations, and to...

The High Court of Australia has made cost orders against a non-party professional indemnity insurer to pay the litigation costs of the successful party to appeals conducted by the insurer in the name of its insured.

In this case the NSW Dust Diseases Tribunal held that both the legal and evidentiary onus of establishing the substantial terms and conditions of the insurance policy rested upon the insurer and not the party seeking to benefit from the alleged cover provided by the policy.

An inherent tension exists at the nexus between IP and clinical trials arising from the requirements for obtaining patent protection and the disclosure requirements for registration of a clinical trial.

The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal's decision in Mercanti v Mercanti [2016] WASCA 206...

In assessing economic loss, an Assessor or a Judge is required to explain why the assessment is not based upon historical earnings, such as , if some other basis, such as average weekly earnings, is utilised.

The lawyers had breached their duty of care, so the prime issue was the applicable law for the assessment of damages.

Details how a Defendant should be named in institutional abuse matters & the importance of correctly identifying the Defendant.

Recent case offers a detailed analysis of the costs implications stemming from Offers of Compromise and Calderbank offers.

Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.

NSW Court of Appeal increases a contributory negligence finding because of the grossly excessive speed of the plaintiff.

Penalty agreements between prosecutors and defendants in civil penalty proceedings are not prohibited.

Consequences of HC ruling that current laws do not permit the making of "common fund orders" in class action proceedings.

On 23 October 2019, the Queensland Government passed the Civil Liability and Other Legislation Amendment Act 2019 (Qld).

The Supreme Court of NSW heard arguments as to whether a defendant’s insurer could be joined to a nervous shock proceeding and considered whether PTSD could be classed as a 'bodily injury' under the relevant insurance policy.