ArticleProjects Disputes In Australia: Recent CasesBelow is a snapshot of some recent cases of interest across Australia and the insights they offer the industry. AustraliaReal Estate and ConstructionJones Day
ArticleSovereign citizen gobbledygook never winsIt’s not uncommon for a sovereign citizen to tell the cop who pulls them over that they’re not the driver at all – just a traveller in a vehicle. They tell the judge they’re not the “legal person” who was charged, but they’re really a “living person” who is immune from laws.AustraliaCriminal LawStacks Law Firm
ArticleMonthly Update - Australian Labour & Employment - May 2015On 25 March 2015, the Federal Government introduced legislation to reverse changes made by the former Labor government to the taxation of employee share schemes.AustraliaEmployment and HRJones Day
ArticleMonthly Update—Australian Labour & Employment - June 2016In this month's Update, we focus on a number of recent developments which have attracted a great deal of media attention and are likely to significantly alter the landscape of labour & employment law in Australia.AustraliaEmployment and HRJones Day
ArticleBank Fees Class Action In Australia Fails Before Full Federal CourtThe matter first came before Gordon J of the Federal Court in 2014. The matter was brought by Mr Lucio Paciocco and a company controlled by him, SDG. AustraliaFinance and BankingJones Day
ArticleFinancial Product Advice - What Was General Is Now PersonalOn 28 October 2019, the Full Court of the Federal Court published its judgment in Australian Securities and Investment Commission v Westpac Securities Administration Limited [2019] FCAFC 187 (ASIC v Westpac). AustraliaFinance and BankingJohnson Winter & Slattery
ArticleNSW Government Bulletin - 18 September 2018: Part 1 - Compulsory acquisition of landThe NSW Court of Appeal reversed the Desane decision regarding the compulsory acquisition of its land by the government.AustraliaGovernment, Public SectorHolding Redlich
ArticleSkiing accident on beginners' slope - characterisation of riskA company conducting ski lessons has a duty to take precautions against exposing a beginners class to risky obstacles.AustraliaInsuranceCurwoods Lawyers
ArticleBusiness Method Patents – Australian Full Court Clarifies PatentabilityA business method must produce a ‘useful product’ - a physical phenomenon or effect resulting from the working of the method. It must be more than mere ‘intellectual information’. An alleged invention need not be an application of science or technology. However schemes relating to the operation of the law are not suitable subject matter for patent protection.AustraliaIntellectual PropertyDuncan Bucknell Company
ArticleAdjudication Void: Failure to Bona Fide Exercise Powers and Denial of Natural JusticeThe recent decision in Lanskey is rare in that an adjudicator's determination was void on the grounds that the respondent in that case was denied natural justice and the adjudicator did not bona fide exercise his powers.AustraliaLitigation, Mediation & ArbitrationClayton Utz
ArticleBinsaris v Northern Territory; Webster v Northern Territory; OShea v Northern Territory; Austral v Northern Territory [2020] HCA 22: CS gas at Don Dale Youth Detention CentreThe appellants from the Don Dale Centre were entitled to damages for battery for the unlawful use of CS gas against them.AustraliaLitigation, Mediation & ArbitrationNorton Rose Fulbright Australia
ArticleBringing the legal profession in to disrepute - Update: Ethics check for lawyers seriesSummary of recent Court of Appeal decision in relation to lewd behaviour by barrister.AustraliaLitigation, Mediation & ArbitrationBartier Perry Solicitors
ArticleCourt reduces sentence for customs officer turned tobacco smugglerHer role in the smuggling operation was to facilitate communications between the smugglers and her former colleague. AustraliaLitigation, Mediation & ArbitrationSydney Criminal Lawyers
ArticleKey issues with emerging security for costs options in overseas funded litigationThe use of overseas litigation funders to finance legal proceedings in Australia is becoming increasingly common.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleLand Court of Queensland refuses to strike out one claim for compensation but prevents another after finding an estoppelInteresting Queensland case involving a claim for compensation, development offence, abuse of process and estoppel. AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleLost Opportunity: Can Owners Refuse A Builder Access To Rectify DefectsA decision of the New South Wales Court of Appeal has addressed an important question in residential construction disputes: must an owner give a builder an opportunity to rectify defects before claiming the cost of rectification?AustraliaLitigation, Mediation & ArbitrationBartier Perry Solicitors
ArticleMore Trips Less Stumbles in LitigationCourts have reverted to a stricter interpretation of civil liability legislation, which may also provide more certainty.AustraliaLitigation, Mediation & ArbitrationDLA Piper Australia
ArticleNSW Court of Appeal: Alleged concurrent wrongdoers with statutory immunity cannot be legally liable at any stageIf both the RFS and the owners were found to be negligent, the owners would have borne the total cost of the liability.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticleProtecting Informed Consent And Respecting Bodily Autonomy In Labour And BirthIn Gawthrop v Bendigo Health [2026] VSC 157, the Supreme Court of Victoria examined the context surrounding informed consent. The plaintiff presenting to hospital in labour was advised to undergo a vaginal examination as part of routine care for admission to the birthing unit.AustraliaLitigation, Mediation & ArbitrationMcCabes