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  • Article

    TGIF 10 April 2026 – Ample Evidence Liquidators Acted In Good Faith In Denying Creditors Meeting

    This week’s TGIF considers the recent decision of the New South Wales Court of Appeal in Ample Skill Ltd v Reidy [2025] NSWCA 32, in which rule 75-250 of the Insolvency Practice Rules (Corporations) 2016 (Cth) (the Insolvency Rules) was construed by an appellate court for the first time.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    ATE Insurance and security for costs – Will a deed of indemnity suffice?

    This case considered if an After-The-Event (ATE) insurer could provide security for costs by way of a deed of indemnity.
    AustraliaInsurance
    Corrs Chambers Westgarth
Corrs Chambers Westgarth
  • Article

    Insurance List for Short Matters established by Federal Court

    The List provides prompt resolution of core issues in insurance cases for underwriters, reinsurers, brokers and insureds.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Australian Patent Office Refuses Patent For Financial Trading Method

    In April 2018, the Australian Patent Office held the hearing of BGC Partners Inc [2018] APO 27, in which it refused a patent application in the area of financial trading for failing to claim patentable subject matter.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Federal Court of Australia Grants First Interlocutory Injunction Against Biosimilar

    Rituximab is sold by Roche under the brand name "MabThera". Sandoz registered its rituximab biosimilar, "Riximyo", on the Australian Register of Therapeutic Goods in November 2017 for the same indications as MabThera, including the patented indications.
    AustraliaIntellectual Property
    Jones Day
    Jones Day
  • Article

    Weider Keeps Morinaga's "IN" Mark Out Of Register

    Weider Global Nutrition, LLC (Applicant) develops nutrition-related goods while Morinaga & Co., Ltd (Proprietor) manufactures mainly confectionaries and health products.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    A Light Touch: Supreme Court Of Victoria Affirms Arbitral Tribunal’s Authority To Determine Own Jurisdiction

    A recent decision of the Supreme Court of Victoria (Zoo Property Wealth Builder Pty Ltd v Australia Red Hill Real Estate Group Pty Ltd [2026] VSC 509) has reaffirmed principles of kompetenz-kompetenz...
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Case Summary – BYM V The Corporation Of The Trustees Of The Roman Catholic Archdiocese Of Brisbane Trading As Brisbane Catholic Education [2026] QCA 6

    The appellant, BYM, alleged that in 1999, when she was approximately eight or nine years old, she was sexually assaulted by a groundsman (CD)...
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case Summary – Randwick City Council V Wunderwald [2026] NSWCA 116

    The New South Wales Court of Appeal examined whether a $50,000 award for future economic loss to a minor injured in a café accident met the evidentiary requirements of the Civil Liability Act 2002. The decision clarifies the stringent standards courts must apply when assessing damages for children, particularly regarding assumptions about future earning capacity and the need for concrete evidence rather than mere possibilities.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Claiming damages for personal injuries on a joy flight to Uluru - common law and Carriers Liability Act

    Damages were claimed at common law and under statute - for severe personal injuries caused by the defendant's negligence.
    AustraliaLitigation, Mediation & Arbitration
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Contributory Negligence: The law helps those that help themselves (and reduces damages for those that don't)

    Despite her success, the NSW court reduced the damages payable to the plaintiff by 50% for contributory negligence.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    Court clarifies when the ACCC can put your assets in the deep freeze in consumer harm cases

    Freezing orders under the ACL are to preserve assets to meet orders for compensation, not to meet pecuniary penalties.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Court Of Appeal Clarifies The Scope Of Appeals Against Acquittal

    The New South Wales Occupational Health & Safety Act permits the prosecutor to appeal to a Full Bench of the Industrial Court of New South Wales, against a verdict of acquittal. This is an exception to the normal principles of criminal law.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Damages for breach of contract: it's all in the pleading

    There are nuances that plaintiffs must bear in mind when pleading their case to avoid losing an entitlement to damages.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Five simple ways to help your lawyer assist you if you are ever sued

    You should be helpful, co-operative, communicate with clear instructions and listen carefully to your lawyer's advice.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Guidance for mortgagees on applications to stay evictions

    A delay by the person bringing an application for a stay on the execution of a writ of possession may cause a dismissal.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    "He Said - She Said": DJs Case Signals the Possibility of Jury Trials on Sexual Harassment Claims

    A jury trial in the DJs case could mean that employers will face a more litigious environment. A lot has already been said about Ms Fraser-Kirk's claim for $37m for punitive damages in her sexual harassment case against David Jones and former CEO Mark McInnes. However, that is not the only interesting aspect of the claim. At the first court appearance legal representatives appearing for Ms Fraser-Kirk, were reported as foreshadowing a request for a jury trial as the matter "raised significant qu
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    How the rules of procedural fairness may apply to private organisations

    Private organisations may have to observe procedural fairness in regard to rights, interests or legitimate expectations.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Liquidated damages or penalties: higher threshold for enforceability

    The cases are useful when negotiating liquidated damages or any other compensation provisions in commercial agreements.
    AustraliaLitigation, Mediation & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Much-needed Judicial Guidance In Forced Adoption Cases From Lamont

    In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Showing 461–480 of 1091 results

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