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  • Article

    Australia | High Court Dismisses ZIP V Firstmac Appeal

    This is a significant result for registered rights owners and for the law of trade marks in Australia, affirming the protection afforded to registered trade mark holders against concurrent users who cannot demonstrate...
    AustraliaIntellectual Property
    Spruson & Ferguson Lawyers
    Spruson & Ferguson Lawyers
  • Article

    Advocates' Immunity II: Kendirjian V Lepore And The "Functional Connection" Test

    In 1999, Mr Kendirjian (the appellant) was injured in a motor vehicle accident. In 2004, he commenced proceedings against the driver responsible for the accident.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
Article

Are your experts up to the task?

The case highlights issues in the evidence of experts who assessed the loss from the RSCPA wrongly putting down cattle.
AustraliaLitigation, Mediation & Arbitration
KordaMentha
KordaMentha
  • Article

    Australian Class Actions Update: Class Actions To Remain A Material Risk

    Many class actions in Australia are backed by third-party litigation funders.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Cardinal George Pell and football

    In a unanimous judgement, the High Court found the evidence did not establish guilt to the requisite standard of proof.
    AustraliaLitigation, Mediation & Arbitration
    Kells
    Kells
  • Article

    Case Summary – Negligence and Duty of Care - Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265

    The NSW Court of Appeal has allowed an appeal in part in relation to a violent altercation at the licensed premises.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Commercial Litigation Update - July 2026

    This recent Federal Court decision serves as a timely reminder about privilege over third-party investigations and the documents created during such investigations which may be sought in subsequent litigation.
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Concurrent wrongdoers: when is loss and damage the same?

    Concurrent wrongdoers must be liable for the same loss and damage for the proportionate liability provisions to apply.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    GPs can be sued but what about lawyers?

    It is not easy to discern any remaining unfairness for doctors, compared to lawyers, in respect of legal immunities.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    How do courts deal with shareholder disputes and why are early independent valuations so important?

    Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
    AustraliaLitigation, Mediation & Arbitration
    DibbsBarker
    DibbsBarker
  • Article

    Lowering The Threshold For The Granting Of Summary Judgment

    Ultimately, it will be judicial interpretation that will define the benefits and detriments of the threshold of summary judgment.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Negligence: Blackhead Bowling Club Ltd v Harrower

    The Club and the designer/installer of the monument were equally liable for damages for nervous shock.
    AustraliaLitigation, Mediation & Arbitration
    Holman Webb
    Holman Webb
  • Article

    Regulation of litigation funding - a death knell for funders or a bump in the road?

    The litigation funding industry needs to be regulated, but there is much debate about appropriate kinds of regulation.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Sometimes it is best to settle a case for less

    This case highlights the dangers of an expert relying on information provided without adequate professional scepticism.
    AustraliaLitigation, Mediation & Arbitration
    KordaMentha
    KordaMentha
  • Article

    The High Court talks sense about proportionate liability

    The decision in the Hunt & Hunt case mean that a court is more likely to find that defendants are concurrent wrongdoers.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Yeats Consulting Pty Ltd v Logan City Council: jurisdiction of the court

    This P&E Court case serves as a timely reminder of the practical drafting issues that repeatedly face local governments.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Your Hired Equipment Has Been Damaged By The Customer - Can You Prove It?

    When equipment is hired out but later damaged, hire businesses face a familiar challenge: who says the equipment wasn’t already faulty, who bears the risk, and can the hirer recover the cost of repair? The NSW Supreme Court’s decision in Civiltrak Sydney Pty Ltd v Orange Equipment Pty Ltd t/as Orange Hire offers valuable guidance to solving this puzzle.
    AustraliaLitigation, Mediation & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    To appeal or to extradite: UK courts set to decide on the Assange extralegal show trial

    The extradition case against Julian Assange has been close to some sort of resolution for at least four years.
    AustraliaMedia, Telecoms, IT, Entertainment
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    Decision Alert: Supreme Court Of New South Wales Clarifies When Liability For Duty Arises In Context Of Electronic Transactions

    On 30 June 2026 the Supreme Court of New South Wales handed down its judgment in Forever Grateful Holdings Pty Ltd v Chief Commissioner of State Revenue [2026] NSWSC 761, which clarified the point in time at which the relevant facts are to be considered when determining a duty liability arising under the Duties Act 1997 (NSW) (Duties Act).
    AustraliaTax
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Rectification of Retail Leases in NSW: Sidestepping Consent

    A court may order that a lease be "rectified", even without the parties’ consent, if the lease fails to properly record the common intention of the parties, is absurd or is obviously wrong.
    AustraliaReal Estate and Construction
    Gadens Lawyers
    Gadens Lawyers
  • Showing 741–760 of 1091 results

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