ArticleMultiple failures to establish lossThis article considers a case where both the Plaintiff and the Defendant were found to have failed to establish any loss.AustraliaLitigation, Mediation & ArbitrationKordaMentha
ArticleNotaries Public Who Are They And What Do They Do?People are often perplexed when for some reason, usually a transaction in a foreign country, they are obliged to seek the services of a notary public. What is a notary public? Is this the same as a public notary? Who are these people?!AustraliaLitigation, Mediation & ArbitrationDonaldson Walsh
ArticleVolkswagens $125m dieselgate penalty upheld on appealA robust ACL compliance program could minimise the risk of ACL breaches and also result in lower penalties.AustraliaLitigation, Mediation & ArbitrationAshurst
ArticleWhat a Legend - Court rejects recognition of foreign proceeding and orders wind up in the face of Chapter 11 bankruptcyThe Court declined to recognise a US Chapter 11 bankruptcy proceeding and made orders that the company be wound up.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleWhat will be the effects of the Civil Liability (Institutional Child Abuse) Amendment Bill 2018?The purpose of this Bill is to bring Queensland's response to institutional child abuse into line with the other states.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleEnforceability Of Positive CovenantsCovenants that are registered on title and that ‘run with the land' are restrictive in nature, a principle which is confirmed at common law and by statute...AustraliaReal Estate and ConstructionVincent Young
ArticleDoes A Non-compliant Supporting Statement Invalidate A Payment Claim Served In NSW?The Court of Appeal has now in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 clarified that a non-compliant supporting statement by a head contractor under s13(7) of the Building and Construction Industry Security ...AustraliaCorporate/Commercial LawJohnson Winter & Slattery
ArticleNSW Sentencing Law Explained: The 5-Year Prison Sentencing RuleA little-known rule in NSW sentencing law is quietly shaping outcomes in criminal cases—and in some situations, it can dramatically reduce the amount of time a person spends in prison.AustraliaCriminal LawCriminal Defence Lawyers Australia
ArticleWhat Happens When The Police Investigate A Crime In Queensland?Understanding your rights during a police investigation is crucial to protecting your legal position. This article examines critical investigation tactics like pre-text phone calls, explains the right to remain...AustraliaCriminal LawAshworth Lawyers
ArticleAmery in the High Court: Equal Pay for Equal ValueThe plaintiffs in Amery argued that, as casual teachers, they were unable to access higher increment levels while performing work of equal value, and that they had been discriminated against on the basis of sex.AustraliaEmployment and HRClayton Utz
ArticleTurning The Corner - Have Limitation Periods Expired For GFC Financial Loss Claims?In the years following the global financial crisis of 2008 many Australian investors lost their life savings as financial products failed and the Australian Stock Exchange shed over 3,000 points.AustraliaFinance and BankingClyde & Co
ArticleAustralian Patent Office v Apple Inc: Time For Another Bite At Patenting Fancy User InterfacesOn 20 August 2018, the Australian Patent Office gave Apple Inc. another chance to patent a fancy way of displaying time on iPad, iPhone and Apple Watch devices.AustraliaIntellectual PropertyDavies Collison Cave
ArticleDown-N-Out's Appeal Dismissed And Directors' Liability Extended: Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 (23 December 2020)It was not necessary for In-N-Out to prove that the directors knew or believed that the use of the Down-N-Out name or logos was infringing or likely to infringe.AustraliaIntellectual PropertyDavies Collison Cave
ArticleInstitutional Abuse Claims In Victoria - Legal Identity Of Defendants (Organisational Child Abuse) Act 2018 Applies To Secondary VictimsRWQ alleges that he is entitled to recover damages from the Archdiocese for nervous shock caused by him learning of the alleged abuse of his deceased son by George Pell ...AustraliaLitigation, Mediation & ArbitrationK&L Gates
ArticleProportionate liability: The High Court resolves the disputeThe court resolved conflict between two decisions about the application of the statutory proportionate liability regimes.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleQueensland Court Of Appeal Clarifies The Application Of Section 36 To Negligence Claims Against Public AuthoritiesThe Queensland Court of Appeal has clarified when public authorities can rely on statutory protection in negligence claims, ruling that a cyclist who collided with an inadequately marked barricade can recover damages. The decision examines whether common law negligence claims fall within the scope of section 36 of the Civil Liability Act and establishes practical guidance for determining when a public authority's conduct falls below the demanding "Wednesbury unreasonableness" threshold. AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleValuing "True Value" In Post-Acquisition DisputesIn post-acquisition disputes involving allegations of misleading or deceptive conduct, the concept of "true value" often plays a central role in the quantification of loss.AustraliaLitigation, Mediation & ArbitrationFTI Consulting
ArticleWhat factors are considered when determining whether to pursue a retrial in NSW?The decision to pursue a retrial in NSW is guided by Chapter 1.8 of the DPP Prosecution Guidelines. AustraliaLitigation, Mediation & ArbitrationSydney Criminal Lawyers
ArticleA Peerless Approach To Excluding Or Limiting LiabilityClauses excluding or limiting liability for consequential losses are becoming increasingly common in construction contracts. Case law however amply demonstrates the necessity for careful drafting. As Arch Fletcher commented in our September 2004 edition, it is easy for contractors to believe they are covered by an exclusion or limitation clause and yet be leaving themselves open to the possibility of extensive liabilities. AustraliaReal Estate and ConstructionClayton Utz