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At this time, the CFMEU and the Commonwealth have sought special leave to appeal the CFMEU decision to the High Court.

The delegate should not have been able to act as a prosecutor and as a decision-maker on the same, or related, matter.

In recent months, the courts have determined numerous applications to adjourn substantive hearings due to the ongoing COVID19 crisis. We provide here brief summaries of the judicial considerations in some of these applications.

The court considered the provisions in the Civil Liability Act 2003 (NSW) relating to dangerous recreational activity.

At trial in New Aim Pty ltd v Leung [2022] FCA 722, Justice McElwaine of the Federal Court found that New Aim failed to establish each of its claims and dismissed the proceeding.

On 24 April 2020, the High Court allowed the appeal in Moore v Scenic Tours Pty Ltd [2020] HCA 17. The Court confirmed that damages for "disappointment and distress" are available to consumers for a breach of...

Approaching the matter as one of statutory interpretation, the High Court overturned the two previous decisions.

Article discusses how compensation claims are calculated in Queensland and recommends seeking legal advice.

The Court found that the Valuer-General's conduct was neither frivolous nor vexatious nor unmeritorious as alleged.

Circumstances where there can be a retrial. Recent examples discussed.

This decision has overturned established authority in J L Holdings Pty Ltd –v– the State of Queensland that so long as an amendment to the pleading raises a claim which is arguable and, there are no case management considerations that require refusal of leave to amend, and that the other party could be compensated for any prejudice by an order for costs, that the Court will grant leave to amend.

The Victorian Supreme Court has ruled on the procedural framework governing Medical Panel referrals under the Wrongs Act, addressing whether multiple respondents can separately refer identical medical questions to different panels and whether subsequent panels must reconcile their findings with earlier determinations. The decision in Baressi v Cross Yarra Partnerships & Ors clarifies the independence of Medical Panel assessments and the limited grounds available for judicial review of their determinations.

The NSW Court of Appeal recently dismissed a claim for personal injury against a local Council where the Council was joined to the action after the commencement of the Civil Liability Act 2001 (NSW). The Court however maintained a claim arising from the same facts against the RTA.

Institutions should consider opting into the National Redress Scheme to address any claims of childhood sexual abuse.

The High Court was correct in its application of the law regarding George Pell, but - does the law need to change?

The professional jockey failed in his personal injuries claim against another jockey, found guilty of careless riding.

The plaintiff fell on a council footpath on 24 December 2005 and suffered a significant injury to his knee. He sued the Council for damages and was awarded a significant sum in the District Court. The defendant’s apeal required the NSW Court of Appeal to consider, among other things, the construction of section 15B of the Civil Lability Act 2002 (CLA).

Queensland's Personal Injuries Proceedings Act 2002 provides respondents with a powerful strategic tool through section 22 requests for information. When properly deployed, these requests can expose weaknesses in causation and credibility, lock claimants into early versions of events, and potentially result in claim withdrawals before significant legal expenses are incurred.