ArticleNSW Government Bulletin - 21 February 2018Although HC is yet to decide on jurisdiction of state tribunals the NSW Panel has come to its own conclusion. .AustraliaLitigation, Mediation & ArbitrationHolding Redlich
ArticleOccupiers liability: clear warnings required to alleviate risks associated with guest use of recreational facilitiesOccupiers are required to install clear warnings to patrons utilising recreational facilities at their premises.AustraliaLitigation, Mediation & ArbitrationHopgoodGanim
Video[Podcast] Appeals: When is a trial judge wrong?Appeals serve an important public and private function in considering decisions or correcting errors by trial judges.AustraliaLitigation, Mediation & ArbitrationLevel Twenty Seven Chambers
ArticleQueensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decisionRecent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleReasonable administrative action – unreasonable?Article discusses case that considered the reasonable administrative action defence.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleShareholder Seeks Preliminary Discovery Against ASX Listed Company After Share Price PlummetsPotential litigants sometimes lack sufficient documentation to make an informed decision whether to commence litigation against another party. AustraliaLitigation, Mediation & ArbitrationDentons
ArticleSpillage Case - Consideration Of Cleaning Contract And Specifications And Whether They Have Been Complied WithThe central question in a spillage claim is whether there is sufficient evidence to allow a tribunal of fact to conclude on the balance of probabilities that the defendants failure to follow a reasonable system of cleaning caused the plaintiff's damage. AustraliaLitigation, Mediation & ArbitrationCurwoods Lawyers
ArticleSued by a party with little or no money? Seeking security for your legal costsTo avoid being drawn into costly proceedings and then being unable to recover costs, a defendant may apply for a Security for Costs order.AustraliaLitigation, Mediation & ArbitrationBennett & Philp Lawyers
ArticleTo Appeal Or Not to Appeal? Liquidators Could Face Personal Costs OrdersIn Re Australia's Residential Builder Pty Ltd (in liq) (No 2) [2019] VSC 389, the Supreme Court of Victoria awarded costs against a liquidator personally in relation to an unsuccessful appeal.AustraliaLitigation, Mediation & ArbitrationJones Day
ArticleWarning To Insurers And Lawyers About Bringing Untenable Appeals - Non-Economic Loss - Apportionment Of Liability Between Occupiers Of PremisesThis case provides a warning to insurers and their legal advisers about lodging appeals without reasonable prospects of success.AustraliaLitigation, Mediation & ArbitrationCurwoods Lawyers
ArticleWhen An Ankle Injury Affects More Than The Ankle: NSW Court Of Appeal Clarifies Permanent Impairment AssessmentsA recent decision of the NSW Court of Appeal in JTE Enterprises Pty Ltd as Mount Gibraltar Preschool v Brown [2026] NSWCA 210 provides useful guidance on an important question in workers compensation claims.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleWhen is it reasonable to reject a costs-protective offer? Trouble on the travelatorThe offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".AustraliaLitigation, Mediation & ArbitrationNorton Rose Fulbright Australia
Article"WITHOUT PREJUDICE" – Are Your Communications Protected?Commercial and legal correspondence is often headed Without Prejudice in an effort to confer privilege from production on the correspondence.AustraliaLitigation, Mediation & ArbitrationNorton White
ArticleTrouble In Paradise: No Privilege For Stolen DocumentsThe doctrine is not enforceable as a "sword" in its own right to prevent other parties from using privileged documents obtained without consent.AustraliaPrivacyJones Day
ArticleMore Than A (Bare) Pleading – The Implications Of The Supreme Court's First Decision On The Statutory Duty Of Care Under The DBPAThe New South Wales Supreme Court has issued its first decision concerning the statutory duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA)...AustraliaReal Estate and ConstructionVincent Young
ArticleUpdate On Commercial Leasing In South AustraliaThe COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (Further Measures Act) and COVID-19 Emergency Response (Commercial Leases No 2) Regulations 2020 (New Regulations) amend the COVID-19 Emergency Response Act 2020 ...AustraliaReal Estate and ConstructionJohnson Winter & Slattery
ArticleFull Federal Court Finds $11 Million Of Related Party Agreement Fees Not DeductibleThe Full Federal Court's recent decision in Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10...AustraliaTaxColeman Greig Lawyers
ArticleAviation injuries and accidents: Personal injury compensationKey relevant legislation, compensation framework, and what to do if injured on an aircraft in Australia or overseas.AustraliaTransportCarroll & O'Dea
ArticleUS Court of Appeals departs from Warsaw Convention precedent for mental injury damagesAustralian courts may give consideration to the decision, but an international treaty does not automatically have force.AustraliaTransportSparke Helmore Lawyers
ArticleThe surprising cost of a piercing noise – The appeal and damagesThe worker was awarded substantial damages from a work incident when he was startled by an alarm of a faulty gas monitor.AustraliaLitigation, Mediation & ArbitrationKott Gunning