ArticleCrime does not pay – injured claimant sent to jailIn recent case man appeals prison sentence received for fraudulently claiming compensation under the WC&R Act AustraliaEmployment and HRCooper Grace Ward
ArticleSignificant Damages Payout Plus Costs For Sexual Harassment ClaimAnti-discrimination tribunals and courts are beginning to order more generous payoutsAustraliaEmployment and HRClayton Utz
ArticleBusiness Interruption decision likely to be appealed in the High CourtThis business interruption test case in NSW has resulted in a decision favouring policyholders, rather than insurers. AustraliaInsuranceHolman Webb
ArticleWA Court of Appeal dismisses appeal by freeway truck driverHis claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.AustraliaInsuranceKott Gunning
ArticleA win for the cyclist when a careless driver backs into troubleThis recent decision resulted in a victory for an injured cyclist who took evasive action to avoid a reversing driver.AustraliaLitigation, Mediation & ArbitrationBennett & Philp Lawyers
ArticleClaim dismissed: Queensland Court of Appeal upholds 50% contributory negligence findingThe Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.AustraliaLitigation, Mediation & ArbitrationHopgoodGanim
ArticleCompany Indemnity Read Strictly In NRMA-Whitlam CaseIn 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 & ArbitrationMinter Ellison
ArticleDamages 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 & ArbitrationKott Gunning
ArticleDamages for funds management expenses following lump sum damages award: Gray v RichardsAllowance was made for the cost of managing the fund management damages, but not for managing the fund's future income.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleDoes 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 & ArbitrationStacks Law Firm
ArticleFinancing Of Australian Class Actions—Solicitors Common Fund Order DisallowedThe 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 & ArbitrationJones Day
ArticleICAC v Cunneen: implications for corruption watchdogsThe High Court's ruling in Cunneen seems to restrict the jurisdiction of ICAC.AustraliaLitigation, Mediation & ArbitrationClayton Utz
ArticleLate 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 & ArbitrationHopgoodGanim
ArticleManaging costs in medical negligence claimsA medical negligence case is a claim for compensation for injuries suffered in the provision of medical service.AustraliaLitigation, Mediation & ArbitrationTurner Freeman
ArticleObvious risks and trip hazards – The Thistle Company of Australia Pty Ltd v Bretz & Tam Faragher & Associates Pty Ltd [2018] QCA 6Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticlePropell National Valuers (WA) Pty Ltd V Australian Executor Trustees Limited [2012] FCAFC 31 - liability of valuersIt is inappropriate for an expert retrospective valuer to take account of sales subsequent to the relevant valuation date.AustraliaLitigation, Mediation & ArbitrationDLA Piper Australia
ArticleRecent Court of Appeal decision concerning claims against insurers where causation was an issueRecent decision discusses causation principles when the actions of two or more parties are alleged to have contributed to the loss.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticleRoad blocks to challenging future economic loss on appealA reminder that an appeal court will be reluctant to interfere with a trial judge's assessment of damages.AustraliaLitigation, Mediation & ArbitrationDibbsBarker
ArticleSetting 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 & ArbitrationCooper Grace Ward