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Kenge Mansur v Sahar Zion Insurance Co Ltd (CA Haifa 4600/07) considered the application of a prior known circumstances exclusion and payment of defence costs under a directors and officers (D&O) insurance policy

On 5 February 2007 His Honour Justice Lindgren of the Federal Court handed down his judgment in respect of eight overlapping claimant applications for determinations of native title under the Native Title Act 1993.

In recent years, we have seen a notable rise in legal proceedings that require quantifying an account of profits in addition to damages, either by independent experts engaged by the plaintiff or defendant or joint or court-appointed experts.

Reinsurers must be fully informed about all aspects of the dispute resolution process before they choose to include clauses restricting a party to any particular means of dispute resolution.

When defending professional negligence actions against litigation lawyers, fixing the notional trial date is critical.

This reform will be particularly relevant to employers who may be vicariously liable to victims abused by employees.

The NSW Court of Criminal Appeal recently overturned a District Court decision that had set aside a defence subpoena, finding that material sought from NSW Police had an obvious legitimate forensic purpose. This landmark ruling clarifies the standards for when accused persons can compel production of evidence and highlights ongoing tensions between defence rights and privacy protections in criminal proceedings.

Court confirms that VCAT does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act.

Local government prohibited from changing its position in a conditions appeal without providing adequate explanation.

This decision will be significant to aviation industry participants in assessing whether claimants in the context of international or domestic carriage by air have commenced claims in an appropriate forum in Australia.

Declared or identified conflicts of interest should be recorded in a register to avoid controversy and issues of bias.

The Court saw no reason to deny the applicants a favourable costs order and ordered the respondent to pay their costs.

Overview of the rights to appeal a criminal conviction and/or sentence in NSW.

Sexsomnia is when a person engages in sexual activities while asleep, with no recollection of the event on awakening.

Jenni Priestley, Partner and Leah Hewish, Associate at Clyde & Co's Australia office report on a recent decision of the Supreme Court of New South Wales.

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Providing the best supporting evidence is necessary to prove that a treatment practice was 'widely accepted practice'.