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  • Article

    Can builders be liable for damages for home owners loss of enjoyment of home? - Builders beware, Owners take note

    Australia seems to be lagging behind the UK in awarding damages for loss of amenity to owners of defectively built homes.
    AustraliaReal Estate and Construction
    HHG Legal Group
    HHG Legal Group
  • Article

    How Can A Lawyer Help Me Negotiate Favourable Terms With A Commercial Landlord?

    Commercial leases in NSW are typically drafted by landlords' solicitors with terms that heavily favor the property owner. Four key provisions—outgoings escalation, make good obligations, personal guarantees, and rent review mechanics—routinely create six-figure financial exposures that are negotiable before signing but nearly impossible to modify afterward.
    AustraliaReal Estate and Construction
PCL Lawyers
PCL Lawyers
  • Article

    Queensland Land Court dismisses application for costs after determining conduct did not bear the hallmarks of frivolity or vexatiousness

    The Court found it was reasonable for the Appellant to withdraw from the proceedings after a re-evaluation of prospects.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Queensland Planning and Environment Court allows appeal on the basis of the Development Tribunals failure to consider Part E of the State Planning Policy 2017

    Litigation relating to a development application & compliance with Part E of the State Planning Policy 2017.
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    High Court Finally Settles Division 7A Treatment Of UPEs

    In our earlier article, we examined the Full Federal Court’s decision in Commissioner of Taxation v Bendel [2025] FCAFC 15, which rejected the ATO’s long-standing position that unpaid present entitlements (UPEs) owed to corporate beneficiaries could constitute “loans” for the purposes of Division 7A.
    AustraliaTax
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The Line Between Inspiration And Appropriation: In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193

    In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] FCA 193 (26 February 2020) is a case of deliberate appropriation of an overseas brand.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    First Goldfields Native Title Claim Dismissed

    Yesterday, the Federal Court dismissed the first Goldfields' native title claim to be heard by the Federal Court. The Court found that the claimants could not succeed in their native title applications under the Native Title Act 1993 (Cth) (Act).
    AustraliaLitigation, Mediation & Arbitration
    Minter Ellison
    Minter Ellison
  • Article

    Competition And Consumer Law Update – March 2020 Edition

    This article covers events which occurred in March 2020, including the ACCC's response to the COVID-19 pandemic.
    AustraliaConsumer Protection
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Assessing Appropriateness: Rehabilitation Versus Medical Retirement

    A failure to take a considered approach may lead to an employer prematurely initiating a medical retirement process in circumstances where rehabilitation efforts have yet to be explored or exhausted.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Extension Of Time For FWC Unfair Dismissal Applications

    It is very important to note that 21 days is counted from the day after termination of employment takes effect.
    AustraliaEmployment and HR
    Clyde & Co
    Clyde & Co
  • Article

    ASIC rattles a long hidden sabre by issuing a warning that it will seek recovery of expenses associated with its investigations

    ASIC has alerted relevant stakeholders of its intention to more regularly use its pre-existing powers under the ASIC Act.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Case Note: High Court Revisits Causation

    A party is not liable to contribute, even where negligent, unless a causative link is established between that party's breach of duty of care and the injury.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Establishing total loss of earning capacity in motor vehicle accident - Court of Appeal sets the bar high

    Whilst the Defendant carries an evidentiary onus in respect of the Plaintiffs residual earning capacity, the onus of establishing a total loss of earning capacity rests with the Plaintiff.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Insurers’ Alert – Litigation Funding: In the Public Interest

    On 30 August 2006 the High Court of Australia delivered two eagerly awaited judgments in Campbells Cash & Carry Pty Limited v Fostif Pty Limited [2006] HCA 41 and Mobil Oil Australia Pty Limited v Trandlen Pty Limited [2006] HCA 42 that are likely to set the stage for future reform and possible regulation of litigation funding.
    AustraliaInsurance
    Wotton & Kearney
    Wotton & Kearney
  • Article

    Key considerations for insurers when considering renewal proposals and asserting non-disclosure

    This article focuses on the Court's reasoning in relation to non-disclosure, and lessons to be drawn from the decision.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    What if an adverse costs insurance policy cannot secure defence costs?

    Unless this decision is overturned on appeal, there may need to be a complete rethink about adverse costs policies.
    AustraliaInsurance
    Holman Webb
    Holman Webb
  • Article

    Cross-border non-disclosure agreements (NDAs): How enforceable?

    This article highlights some of the issues in the enforceability of breaches of NDAs across US or Australian borders.
    AustraliaInternational Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    A tale of two issues: Supreme Court of Queensland decision highlights the importance of timely adjudications and appropriate contractor licensing

    Recent contracting case, the facts, key issues & key takeaways.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed

    The case confirms that the assessment of past and future hypothetical facts must be done on the degree of probability.
    AustraliaLitigation, Mediation & Arbitration
    HopgoodGanim
    HopgoodGanim
  • Article

    ASX Announcements And Waiver Of Privilege

    The Federal Court in TerraCom Ltd v ASIC [2022] FCA 208 found that a company waived the legal professional privilege attaching to a report prepared by PwC in letter
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Showing 661–680 of 1091 results

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