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  • Article

    Digging through the Mud to see the damage sustained

    Be aware that damages for unjustified threats are only recoverable where damage caused is attributable to the threats.
    AustraliaIntellectual Property
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    High Court Of Australia Rejects Myriad's BRCA1 Patent

    The long-running saga of Myriad Genetics' patents on the breast cancer gene BRCA1 has reached another conclusion with the High Court of Australia finally ruling that isolated nucleic acids...
    AustraliaIntellectual Property
    Marks & Clerk
    Marks & Clerk
Article

A Plaintiff´s Plight And A Perilous Path

The Queensland Court of Appeal has recently refused the appeal of Ms Noela Anderson to challenge the findings of the Magistrates and District Court of Queensland that found no breach of duty by a local Council...
AustraliaLitigation, Mediation & Arbitration
Cooper Grace Ward
Cooper Grace Ward
  • Article

    Anshun Estoppel – the risks of waiting, 25 years on

    An Anshun estoppel can prevent a party from making claims which should have been pursued in earlier proceedings.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Careful case preparation may help avoid indemnity clause costs

    They were ordered to pay the employer's costs on an indemnity basis, as they unreasonably refused the settlement offer.
    AustraliaLitigation, Mediation & Arbitration
    MDC Legal
    MDC Legal
  • Article

    Compensation claims need expert legal advice

    Compensation cases can get very complicated when legal arguments get bogged down over the responsiblity for an accident.
    AustraliaLitigation, Mediation & Arbitration
    Stacks Law Firm
    Stacks Law Firm
  • Article

    E-Scooter accidents and compensation: A look beyond Adelaide's trial program

    The SA government is currently consulting with the community about possible changes to the laws relating to e-scooters.
    AustraliaLitigation, Mediation & Arbitration
    Mellor Olsson
    Mellor Olsson
  • Article

    Educational Malpractice – why are such cases rare?

    The difficulty in educational malpractice cases is establishing negligence and that negligence caused damage or loss.
    AustraliaLitigation, Mediation & Arbitration
    Makinson d'Apice Lawyers
    Makinson d'Apice Lawyers
  • Article

    Funds Update – 3 November 2023

    On 31 October 2023, ASIC released its second publication (REP 775) on information lodged under the reportable situations regime.
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    IBA Litigation Committee In Preparation

    The leadership committee of the IBA Litigation Committee is in serious prep mode for the upcoming Annual Litigation Forum.
    AustraliaLitigation, Mediation & Arbitration
    KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
    KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH
  • Article

    Legal Briefing: Western Australia's Class Action Reform Bill

    In October 2015, the Law Reform Commission of Western Australia released its Final Report on Representative Proceedings (the Report). The Report made seven recommendations for reform...
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Legal Professional Privilege: Just An Immunity

    The High Court of Australia today handed down an important, unanimous judgment on legal professional privilege.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    Selig v Wealthsure Pty Ltd [2015] HCA 18: Proportionate liability regime

    The High Court clarifies and limits the applicability of the Corporations Act in the proportionate liability regime.
    AustraliaLitigation, Mediation & Arbitration
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Sour grapes: Supermarket liability in causal act of negligence

    Where there is a risk of slips, trips and falls, this case shows that reasonable precautions are the key, not perfection.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    What´s In Store For 2009: A Super Tribunal?

    Currently the Commercial and Consumer Tribunal (CCT) has jurisdiction to hear certain domestic and commercial building disputes.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    Who pays the costs associated with managing the fund management component of the damages? Gray v Richards [2014] HCA 40

    An incapacitated plaintiff can recover from the defendant the costs associated with managing the fund management damages.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    High Court of Australia dismisses application by builder to appeal QBCC insurance payout

    Builders should now ensure that they challenge any adverse QBCC decisions before the QBCC makes an insurance payout.
    AustraliaReal Estate and Construction
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Security Of Payment Legislation: High Court Reinforces In Landmark Case No Appeal For ‘Non-Jurisdictional' Error By An Adjudicator

    The High Court of Australia has held that an adjudication determination under the Building and Construction Industry Security of Payment Act 1999 NSW may not be overturned by the NSW Supreme Court on the basis that it contains an error of law.
    AustraliaReal Estate and Construction
    Dentons
    Dentons
  • Article

    "But it wasn't my fault!" – Making representations to prosecutors

    A representation is a way of appealing to a prosecutor and suggesting that maybe he or she should reconsider the charges.
    AustraliaTransport
    Holding Redlich
    Holding Redlich
  • Article

    Class Actions Radar: Scanning Global Trends And Risks

    Their rise is a 21st-century phenomenon shaped by megatrends such as globalisation, digital transformation, economic development, rapid consumerisation, and heightened expectations of corporate responsibility.
    GlobalLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Showing 41–60 of 1090 results

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