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The Supreme Court of New South Wales has dismissed a delayed diagnosis claim against two medical practitioners arising from an alleged failure to diagnose syphilis in 2018. The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW).

The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd [2023] NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator's decision...

We think it is a matter of principle to have a caseload that includes the unpopular, the challenging and objectionable.

Compensation for a traumatic brain injury from a motor vehicle accident can assist a victim in moving on with their life.

It is important for medicolegal experts to base their opinions on specialised knowledge, & not solely on the parties' accounts.

A plaintiff may seek an award for damages after suffering economic loss from the complained conduct of another party.

2 lessons - Court holds a broad discretion as to costs & Walk Away offers are capable of engaging the Calderbank principles.

Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties.

The Victorian Court of Appeal has recently handed down a decision which overturns the traditional thinking concerning the meaning of the phrase 'consequential loss' in contracts. This decision should cause all parties to revisit contracts which contain clauses excluding 'consequential loss'.

Best prospects of success in appealing to the L&E Court over a DA, are that applicants put forward the best DA possible.

The plaintiff sought damages following her experience at Bendigo hospital where she gave birth. Despite her clear intentions not to undergo any vaginal examinations as outlined in her birth plan, she claimed she had been coerced into giving consent.

As discussed in this space before, Australia is quickly becoming a key venue for securities class action litigation.

The NSW Court of Appeal has confirmed that a personal interest that cannot be legally enforced is not a compensable "interest in land"...

The ACCC claimed that Kimberly-Clark Australia Pty Ltd (KCA) had contravened the Australian Consumer Law by marketing its Kleenex Cottonelle Flushable

The Grocon v Juniper case has provided some useful guidance on the application of Andrews to liquidated damages regimes.

There are some common challenges to a liquidated damages regime and steps to take to ensure your regime is enforceable.

When a workers compensation claim for psychiatric injury is declined by an employer citing 'reasonable administrative action,' the decision can be challenged beyond the initial tribunal review.