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A recent decision warns that a trustee of a superannuation trust is not entitled to reduce the retirement benefits it is due to pay by deducting interest.

Investigations today are defined by complexity, scale, and increasing diversity of data sources. Investigators face the challenge of reviewing thousands – sometimes millions...

In Wigmans v AMP Limited, [2021] HCA 7, the High Court of Australia in a 3-2 decision adopted a broad discretionary approach to what is commonly called a "carriage motion"...

The importance of double-checking your employment contracts and having a sensible notice period in place.

Courts will frown on a winding up application if they think that it is being made as for an ulterior purpose, such as trying to stifle legitimate litigation.

The NSW Supreme Court of Appeal has addressed Sections 5K and 5L of the Civil Liability Act 2002 (CLA) and whether the defence concerning dangerous recreational activities applies to professional sports.

When alleging contributory negligence, based upon the failure to wear a seatbelt, the onus is on the Defendant to establish that a seatbelt was not worn. Where only one party has obtained an expert’s report on an issue, the Court is not obliged to accept that expert’s opinion.

On 30 April 2007, the US Supreme Court handed down its long awaited (and unanimous) decision in KSR v Teleflex. Lawyers love bullet point tests that they can apply when advising clients about intellectual property. Such tests can readily become ingrained in everyday practice, at the IP Office, and even the decisions of the lower courts.

The Zyprexa case is a timely reminder that in IP Strategy, a simple rule of thumb, though useful, is almost always inadequate. Zyprexa underscores the point that infringement and novelty are not flip sides of the same coin.

The decision is a reminder of the nature of the statutory function conferred by Section 63 on the Proper Officer.

The decision also provides an example of how credibility issues can adversely impact on a plaintiff's claim for damages.

The recent tribunal decision clarified how the period in s26(1) of the Construction Contracts Act 2004 (WA) is computed.

He may have suffered an injury while driving, but the act of driving the motor vehicle was not the cause of the injury.

A Western Australian Supreme Court decision has turned the meaning of consequential loss on its head...again.

A person's liability will only be reduced by proportionate liability when they have caused the same loss or damage.

A Victorian tribunal found a coordinating doctor guilty of professional misconduct after an administrative error in the voluntary assisted dying process led to a patient signing their written declaration without required witnesses present. The case examines the heightened responsibility practitioners face when managing VAD documentation and the disciplinary consequences of failing to ensure strict compliance with procedural safeguards, even when errors are unintentional.

The Judicial Commission ordered an investigation into now former magistrate over a string of complaints.