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  • Article

    NSW Government Bulletin - 21 February 2018

    Although HC is yet to decide on jurisdiction of state tribunals the NSW Panel has come to its own conclusion. .
    AustraliaLitigation, Mediation & Arbitration
    Holding Redlich
    Holding Redlich
  • Article

    Occupiers liability: clear warnings required to alleviate risks associated with guest use of recreational facilities

    Occupiers are required to install clear warnings to patrons utilising recreational facilities at their premises.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
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 & Arbitration
Level Twenty Seven Chambers
Level Twenty Seven Chambers
  • Article

    Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision

    Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.
    AustraliaLitigation, Mediation & Arbitration
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Reasonable administrative action – unreasonable?

    Article discusses case that considered the reasonable administrative action defence.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Shareholder Seeks Preliminary Discovery Against ASX Listed Company After Share Price Plummets

    Potential litigants sometimes lack sufficient documentation to make an informed decision whether to commence litigation against another party.
    AustraliaLitigation, Mediation & Arbitration
    Dentons
    Dentons
  • Article

    Spillage Case - Consideration Of Cleaning Contract And Specifications And Whether They Have Been Complied With

    The 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 & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Sued by a party with little or no money? Seeking security for your legal costs

    To 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 & Arbitration
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    To Appeal Or Not to Appeal? Liquidators Could Face Personal Costs Orders

    In 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 & Arbitration
    Jones Day
    Jones Day
  • Article

    Warning To Insurers And Lawyers About Bringing Untenable Appeals - Non-Economic Loss - Apportionment Of Liability Between Occupiers Of Premises

    This case provides a warning to insurers and their legal advisers about lodging appeals without reasonable prospects of success.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    When An Ankle Injury Affects More Than The Ankle: NSW Court Of Appeal Clarifies Permanent Impairment Assessments

    A 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 & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    When is it reasonable to reject a costs-protective offer? Trouble on the travelator

    The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton 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 & Arbitration
    Norton White
    Norton White
  • Article

    Trouble In Paradise: No Privilege For Stolen Documents

    The doctrine is not enforceable as a "sword" in its own right to prevent other parties from using privileged documents obtained without consent.
    AustraliaPrivacy
    Jones Day
    Jones Day
  • Article

    More Than A (Bare) Pleading – The Implications Of The Supreme Court's First Decision On The Statutory Duty Of Care Under The DBPA

    The 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 Construction
    Vincent Young
    Vincent Young
  • Article

    Update On Commercial Leasing In South Australia

    The 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 Construction
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Full Federal Court Finds $11 Million Of Related Party Agreement Fees Not Deductible

    The Full Federal Court's recent decision in Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10...
    AustraliaTax
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Aviation injuries and accidents: Personal injury compensation

    Key relevant legislation, compensation framework, and what to do if injured on an aircraft in Australia or overseas.
    AustraliaTransport
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    US Court of Appeals departs from Warsaw Convention precedent for mental injury damages

    Australian courts may give consideration to the decision, but an international treaty does not automatically have force.
    AustraliaTransport
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    The surprising cost of a piercing noise – The appeal and damages

    The worker was awarded substantial damages from a work incident when he was startled by an alarm of a faulty gas monitor.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Showing 481–500 of 1091 results

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