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The tort law reform process in Australia is now complete with the commencement of the Trade Practices Amendment (Personal Injuries and Death) Act 2006 (Cth) ("the Amendment Act"). Proceedings for personal injuries and death are no longer permitted under the consumer protection provisions of Part V, Division 1 of the Trade Practices Act 1974 (Cth) ("the TPA"). Part V, Division 1 of the TPA includes section 52 which contains the well-known prohibition on misleading or deceptive conduct.

An Australian state Court of Appeal decision has expressly rejected the reasoning of Mr Justice Flaux (as he then was) in the English High Court case of Synergy Health (UK)

Recovery of compensation money for false and misleading representations made by the claimant in his motor vehicle claim.

The NSW Supreme Court has addressed Sections 5K and 5L of the Civil Liability Act 2002 (CLA) and whether the defence concerning dangerous recreational activities applies to professional sports.

Affected persons should be able to consider and respond to any adverse material before an administrative decision-maker.

A statement by the plaintiff as to what he would have done absent the defendant's negligence was rendered inadmissable.

This case highlights the need to act on receipt of legal proceedings, to avoid a default judgment and possible damages.

In some class actions, it may be convenient and cost-effective for the respondent to settle with class members individually.

The High Court has not yet set a date for the appeal hearing, but it will be in front of a Full Bench of seven judges.

Summary of 3 significant judgments in historical abuse cases.

A recent case in Queensland (IPN Medical) has provided clear guidance for penalties and liquidated damages clauses.

The DDT is a NSW court to hear claims for compensation from people suffering from dust diseases or by their dependents.

The costs order was made personally due to the liquidator's unreasonable conduct and not from the assets of the company.

This case is important for those drafting statements of claim containing a global claim or modified total costs claim.

This recent decision highlights the importance of particularising claims for damages at an early stage of proceedings.

Bank or performance guarantees are critical in the risk allocation between parties to construction contracts.

The legal blame game considers how the Ruby Princess could set sail, return, and disembark passengers with COVID-19.