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  • Article

    Crime does not pay – injured claimant sent to jail

    In recent case man appeals prison sentence received for fraudulently claiming compensation under the WC&R Act
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Significant Damages Payout Plus Costs For Sexual Harassment Claim

    Anti-discrimination tribunals and courts are beginning to order more generous payouts
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
Article

Bankruptcy Trustees And Equitable Interests

In a recent decision, Silvia (Trustee) v Williams [2018] FCAFC 194, guidance was given by the Full Federal Court in relation to a claim by a trustee of a bankrupt spouse that the bankrupt
AustraliaInsolvency/Bankruptcy/Re-Structuring
Dentons
Dentons
  • Article

    Business Interruption decision likely to be appealed in the High Court

    This business interruption test case in NSW has resulted in a decision favouring policyholders, rather than insurers.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    WA Court of Appeal dismisses appeal by freeway truck driver

    His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    A win for the cyclist when a careless driver backs into trouble

    This recent decision resulted in a victory for an injured cyclist who took evasive action to avoid a reversing driver.
    AustraliaLitigation, Mediation & Arbitration
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding

    The Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    Company Indemnity Read Strictly In NRMA-Whitlam Case

    In an important decision for companies and their directors, the Court of Appeal has held that Mr Nicholas Whitlam, former NRMA President, was not entitled to an indemnity for his costs in defending the defamation proceedings he commenced against 2GB and Channel Nine in 2002.
    AustraliaLitigation, Mediation & Arbitration
    Minter Ellison
    Minter Ellison
  • Article

    Damages awarded for revenge porn - privacy or confidential information?

    In the absence of a right to sue for invasion of privacy, the case relied on the protection of confidential information.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Damages for funds management expenses following lump sum damages award: Gray v Richards

    Allowance was made for the cost of managing the fund management damages, but not for managing the fund's future income.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Does a bank have a duty of care to its customers during a robbery?

    The bank did not have a special relationship with a customer who enters its premises that gives rise to a duty of care.
    AustraliaLitigation, Mediation & Arbitration
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Financing Of Australian Class Actions—Solicitors Common Fund Order Disallowed

    The Situation: Australia's highest court has ruled on the question of whether lawyers in New South Wales ("NSW") can charge contingency fees in class action litigation in the Federal Court of Australia...
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    ICAC v Cunneen: implications for corruption watchdogs

    The High Court's ruling in Cunneen seems to restrict the jurisdiction of ICAC.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?

    The Court allowed an extension of the statutory limitation period for a belated claim of damages from medical negligence.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    Managing costs in medical negligence claims

    A medical negligence case is a claim for compensation for injuries suffered in the provision of medical service.
    AustraliaLitigation, Mediation & Arbitration
    Turner Freeman
    Turner Freeman
  • Article

    Obvious risks and trip hazards – The Thistle Company of Australia Pty Ltd v Bretz & Tam Faragher & Associates Pty Ltd [2018] QCA 6

    Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.
    AustraliaLitigation, Mediation & Arbitration
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Propell National Valuers (WA) Pty Ltd V Australian Executor Trustees Limited [2012] FCAFC 31 - liability of valuers

    It is inappropriate for an expert retrospective valuer to take account of sales subsequent to the relevant valuation date.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Recent Court of Appeal decision concerning claims against insurers where causation was an issue

    Recent decision discusses causation principles when the actions of two or more parties are alleged to have contributed to the loss.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    Road blocks to challenging future economic loss on appeal

    A reminder that an appeal court will be reluctant to interfere with a trial judge's assessment of damages.
    AustraliaLitigation, Mediation & Arbitration
    DibbsBarker
    DibbsBarker
  • Article

    Setting aside a statutory demand on conditions: a double-edged sword?

    Article reminds us that the court has the power to set aside the statutory demand on conditions.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Showing 421–440 of 1091 results

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