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  • Article

    Back to the future: High Court decisions confirm a more literal approach to statutory interpretation

    The task of statutory construction must begin with close consideration of the text, free from policy considerations.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Calderbank offers: When will indemnity costs be awarded?

    Whilst Calderbank offers are useful, recent case reminds us that costs awards are ultimately at the discretion of the court.
    AustraliaLitigation, Mediation & Arbitration
    Gilchrist Connell
    Gilchrist Connell
Article

Case summary: Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 – the importance of clearly defining the medical dispute between parties

Parties to a medical dispute need to ensure that detailed submissions set out the full nature of the dispute.
AustraliaLitigation, Mediation & Arbitration
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Christmas Shutdown and the Security of Payment Surprise

    Christmas is almost here again and most people will be looking forward to enjoying a well earned break. Unfortunately for some, one thing that does not take much time off over Christmas is the Building and Construction Industry Security of Payment Act (the Act). Apart from public holidays, weekends and the days between Christmas and New Year, the time for providing payment schedules and adjudication responses continues to run.
    AustraliaLitigation, Mediation & Arbitration
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Compensation for wrongfully convicted persons in New South Wales

    Wrongful conviction occurs when a person is convicted for a crime they did not commit.
    AustraliaLitigation, Mediation & Arbitration
    JB Solicitors
    JB Solicitors
  • Article

    Costs ordered in circumstances where an appeal was neither frivolous nor vexatious, however the conduct of the appellant caused the Valuer-General unreasonable trouble and expense

    Costs order against appellant who failed to provide adequate disclosure and was late in withdrawing their appeal.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Driver held liable for actions of his passenger, which led to cyclist injury

    A driver of a motor vehicle owes a duty of care to their passengers and other road users, including cyclists.
    AustraliaLitigation, Mediation & Arbitration
    Polaris Lawyers
    Polaris Lawyers
  • Article

    High Court appeal (submissions): AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054 – case S94/2025

    Analysis of recent Duty of Care case.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Jarryd Hayne's successful appeal: The reasons for the result

    The errors amounted to a miscarriage of justice – quashing the conviction and remitting the matter for redetermination.
    AustraliaLitigation, Mediation & Arbitration
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    Kneale v Footscray Football Club Ltd – Cautions For Both Sides Of Institutional Abuse Claims

    The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims.
    AustraliaLitigation, Mediation & Arbitration
    K&L Gates
    K&L Gates
  • Article

    Penalties: don't look back

    There is now potential for the High Court to give some much needed guidance on the application of the laws on penalties.
    AustraliaLitigation, Mediation & Arbitration
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Planning and Environment Court in Queensland fines campground operators for contempt of court for continued unlawful use of land

    Court orders required the respondents to cease providing temporary accommodation for campervans and tents on the land.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Recent Changes to the National Redress Scheme for Victims of Child Sexual Abuse

    Thousands of additional victim-survivors may now be eligible to apply for compensation under the National Redress Scheme.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Regulatory And Class Action Risk Symposium

    Corporate risk in Australia is increasingly defined by the aligned issues of regulatory compliance and the threat of class action litigation.
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Relief Lies in the Detail for Directors and Officers—The Latest From the High Court on Directors and Officers Liability Insurance

    A worrying development for directors and officers following recent events is that some insurers have sought to decline to advance defence costs, merely upon an unproven allegation of dishonest or fraudulent behaviour.
    AustraliaLitigation, Mediation & Arbitration
    Freehills
    Freehills
  • Article

    Security for costs in NSW: Balancing justice between the parties

    The court's power to make an order for security for costs is discretionary and considers all relevant circumstances.
    AustraliaLitigation, Mediation & Arbitration
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
  • Article

    Ten required to sell to its competitors for $1

    Network Ten is appealing decision that compels Ten to sell its shares in TX Australia to Nine and Seven for one dollar.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The ABCs of legal writing, and the use of capitalisation

    The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The successful party still not entitled to costs after the appeal

    When a party has achieved a ‘result’ but not a judgment, the party will not be entitled to recover costs.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    We need a no-fault asbestos claim scheme

    The appropriate way to a just, quick and cheap resolution of asbestos-related claims is a no-fault compensation scheme.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Showing 681–700 of 1091 results

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