1,091 results found

The plaintiff, a former resident at Nazareth House, sued the Sisters of Nazareth (the defendant) for damages relating to allegations of historical sexual, physical and psychological abuse said to have occurred during her placement at Nazareth House

In June 2018 we provided an overview of the Australian Law Reform Commission's (ALRC) interim discussion paper on class actions and litigation funders.

The Federal Court of Australia has taken further steps to provide judicial oversight of litigation funding arrangements in a class action.

The law of penalties remains a hot topic following the HCA decision in Andrews v ANZ Banking Group Ltd.

This guidance by the UK Supreme Court will almost certainly influence the way that Australian courts approach a penalty.

The NSW Government has introduced sweeping reforms to sexual assault trial procedures, fundamentally altering how complainants are questioned, how their evidence is recorded, and what access defence lawyers have to counselling records. These changes represent the most significant overhaul of adult sexual assault prosecutions in years, but raise critical questions about whether they appropriately balance victim protection against the fundamental rights of the accused.

Workers compensation claims for psychological injury require expertise, patience and a lot of support to injured workers.

The provision of confidential information to administrative decision-makers gives rise to competing interests. On the one hand, the proper and effective administration of legislation requires that informants not be discouraged from providing information that is relevant to decision-making under the legislation.

The Court's decision provides clarity in relation to economic loss and non-economic loss for native title compensation.

Any person who suffers injury in a motor vehicle accident through non-tortious negligence may be entitled to damages.

The terms of the section limit recoverable damage to damages sustained "as a result of the threats" of infringement.

This case highlights the significance of holding sporting institutes accountable for safeguarding fans from abuse.

The Supreme Court of Victoria has dismissed an application by one party to proceedings to have access to terms of settlement agreed between other parties to the same claim.

It is actually difficult as a matter of law to establish an appearance of bias - it is dependent on degree and context.

The Australian Federal Government has released a draft exposure bill, the Treasury Laws Amendment (Measures for Consultation) Bill 2021: Litigation funders ("Draft Bill"), that proposes significant changes to Australia's class action regime.

Recent Australian commercial litigation developments explore critical questions around fiduciary duties, trust property tracing, and Barnes v Addy liability. The New South Wales Court of Appeal examines whether sale proceeds from shares obtained through breach of fiduciary duty constitute trust property, and whether government bodies can be held liable for knowing receipt of such proceeds.

There was no proper basis to conclude that it was "fair and reasonable" to make a costs order in favour of the Council.