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  • Article

    When the doctor gets it wrong - medical negligence cases

    If the doctor had not made the mistake, expenses may have been much lower, or the plaintiff may have recovered sooner.
    AustraliaLitigation, Mediation & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Questionable construction adjudication decision against you?

    What needs to be proven in order to prevent an adjudication decision being enforced before the court makes its determination.
    AustraliaReal Estate and Construction
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
Article

Some welcome clarity on when retention moneys can be claimed in payment claims under the SOP Act

The matter is now under appeal, so retention moneys as part of a construction payment claim is still unclear.
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
  • Article

    Record Award For Damages Regarding Workplace Bullying

    Bullying has been estimated to cost Australian industry in excess of $3 billion per year and, for its victims, can have significant psychological and emotional costs.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Assessing the economic loss of an entrepreneurial plaintiff

    With an entrepreneurial plaintiff, weight may be given to the increased vicissitudes of life given the risks of business.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Do Costs Always Follow The Event?

    Costs in litigation can be as complicated as the substantive dispute.
    AustraliaLitigation, Mediation & Arbitration
    Vincent Young
    Vincent Young
  • Article

    Privilege And AI: When AI-generated Documents Are Not Protected

    Two recent US cases have considered whether communications involving AI tools are protected by attorney–client privilege or the work product doctrine.
    AustraliaTechnology
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Brambles And Continuous Disclosure: Lessons For Listed Entities On Earnings Guidance

    The recent Federal Court decision in Southernwood v Brambles Limited (No 3) [2026] FCA 418 reflects an increasingly forensic judicial and exacting judicial approach to the review of boardroom forecasting and disclosure decisions.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Funders May Not Have To Provide Security For Costs In Employee Underpayment Class Actions

    On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...
    AustraliaCorporate/Commercial Law
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Non-economic loss: Courts re-evaluate damages awards

    Courts and tribunals appear willing to consider more substantial awards for noneconomic loss in discrimination cases.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Queensland Health And Safety Conviction Of Officer Sentenced To Gaol Time Overturned

    On 3 May 2019, the Queensland Court of Appeal allowed an appeal and overturned a conviction that was ordered by the Maroochydore District Court
    AustraliaEmployment and HR
    Clyde & Co
    Clyde & Co
  • Article

    AstraZeneca Runs Out Of Puff

    The "Seretide" war reached the Full Court of the Federal Court in Australia this month. The central issue in the case involved the question of whether two flyers sent to some 14,000 general practitioners in Australia and two advertisements published in "Australian Doctor" magazine relating to Glaxo's "Seretide" combination inhaler were misleading and deceptive or likely to mislead or deceive in contravention of the Australian Trade Practices Act.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Clayton Utz
    Clayton Utz
  • Article

    Medical negligence claims in NSW

    Medical negligence is when a medical professional or medical institution breaches their duty of care to their patient.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Hall Payne Lawyers
    Hall Payne Lawyers
  • Article

    Insolvency Insights: Queensland Court Decision Highlights ‘Future Property’ Gap In PPSA Security Deed

    A Queensland Supreme Court ruling reveals a critical gap in PPSA security arrangements: even first-ranking security over 'after-acquired property' may not capture future property or expectancies. The decision in Kirk v Moreton Resources Limited demonstrates how relying exclusively on statutory definitions can leave secured creditors vulnerable when competing against assignments of future benefits, particularly in insolvency scenarios.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    What Happens When A TPD Claimant Is Declared Bankrupt In Australia?

    The plaintiff, Mr Berryman, was a self-employed carpenter who suffered an injury at work on 7 July 2009 when a large rock crushed his foot.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Clyde & Co
    Clyde & Co
  • Article

    Australia´s Highest Court Just Made It Harder To Invalidate Patents

    Earlier today (23 May 2007), a unanimous Australian High Court handed down the long-awaited decision in the Lockwood v Doric patent dispute. For those who aren’t patent lawyers - the decision means that it is now harder to invalidate patents in Australia as an often relied upon attack (the ‘Threshold Test’) has been all-but removed, and the requirements for proving obviousness are now more difficult.
    AustraliaIntellectual Property
    Duncan Bucknell Company
    Duncan Bucknell Company
  • Article

    Bikini brouhaha: Calculating damages for copyright infringement

    Copyright infringers may be liable for damages for lost profits and reputational loss and maybe even conversion damages.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Australian Court Stops Class Action From Obtaining US Courts' Assistance For Oral Depositions

    Justices Gilmour, Foster and Beach were required to rule on an interlocutory application in class action proceedings filed by the respondent, Treasury Wine Estates.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Australian Lawyers With Financial Interest In Litigation Funder Restrained From Acting In Class Action

    In July 2014, in Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 3), Ferguson JA of the Supreme Court of Victoria found there was a serious risk of a conflict of interest.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Could I get a harsher penalty if I appeal a decision in NSW?

    Outlines the process in NSW of appealing to higher courts, as well as electing to have traffic offences heard in court.
    AustraliaLitigation, Mediation & Arbitration
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Showing 701–720 of 1091 results

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