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  • Article

    Victim of police brutality commences legal proceedings in New South Wales

    An indigenous man is seeking damages for spinal injuries caused by being thrown to the ground by police officers.
    AustraliaCriminal Law
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    Medical negligence claims, when objects are left in patients after surgery

    Health providers are generally very eager to negotiate compensation settlements in cases involving retained objects.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Polaris Lawyers
    Polaris Lawyers
Article

Avoiding an Invalid Australian Patent

During the 1990s Australian courts have focused more closely on the wording of patent specifications when assessing validity.
AustraliaIntellectual Property
Freehills
Freehills
  • Article

    Appeal In Hip Replacement Claim — Taylor v Woodgate

    The New South Wales Court of Appeal recently examined a medical negligence case involving total hip replacement surgery, where the plaintiff alleged inadequate risk warnings...
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Class Action Against Government Settles—Plaintiff Pays Defendant's Costs

    In 2006, abalone and abalone habitats along the western and central parts of the Victorian coast were infected with a herpes-like virus resulting in a disease known as Abalone Viral Ganglioneuritis.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Does smoking cause cancer? Or is it the other way around? - calculation of damages

    This case shows that it is possible to establish causation when a statistical correlation is supported by common sense.
    AustraliaLitigation, Mediation & Arbitration
    KordaMentha
    KordaMentha
  • Article

    Grin And Bear It: Product Regulations, International Treaties And Trade Agreements

    Manufacturers and suppliers need to be aware of the multiple international regimes that affect product safety.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    High Court allows agreed civil penalty submissions with regulators

    The High Court set aside the Full Court decision and stated that regulators can actively make civil penalty submissions.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    NSW Court of Appeal considers novel approach to statutory interpretation

    This decision highlights the importance of clear drafting and sets out some key principles of statutory interpretation.
    AustraliaLitigation, Mediation & Arbitration
    Holding Redlich
    Holding Redlich
  • Article

    Palmgrove Holdings Pty Ltd v Sunshine Coast Regional Council [2014] QDC 77: water contamination

    It is important to conduct a thorough environmental investigation to enhance the prospects of securing a conviction.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Royal Caribbean Cruises appeal – The ship masters power of detention at common law

    A recent case has clarified a ship master's authority at common law to detain or confine a passenger while at sea.
    AustraliaTransport
    Holding Redlich
    Holding Redlich
  • Article

    Projects Disputes In Australia: Recent Cases - June 2017

    Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries.
    AustraliaReal Estate and Construction
    Jones Day
    Jones Day
  • Article

    Australian Company Directors Caught Between A Rock And A Hard Place

    A recent Federal Court of Australia judgment highlights the predicament faced by directors being pursued in civil proceedings when there is the prospect that they may be facing criminal prosecution...
    AustraliaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Gross negligence revisited

    Overall, a party seeking to establish that the conduct of a counterparty constitutes gross negligence faces a high bar.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Unexpected Outcomes In Recent Decisions Means Challenging WHS Prosecutions Is Still Worthwhile

    During the past (almost) five years since the model work health and safety legislation commenced around much of Australia, many technical challenges and questions of interpretation of the legislation have been raised.
    AustraliaEmployment and HR
    Clyde & Co
    Clyde & Co
  • Article

    Insurer Found Liable For Default Judgment Entered Against Its Insured

    On 23 May 2008, the Full Court of the South Australia Court of Appeal handed down judgment in the long running saga of QBE Insurance Limited v Nguyen
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    A Golden Opportunity Missed? Considering The Recoverability Of Worker's Compensation Payments From Public Liability Insurers

    When is a worker's compensation payment not a worker's compensation payment? The answer, according to Western Australian courts, is when it is to be deducted from an award of common law damages.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    An instruction manual for the hot tub? New guidance from the CIArb on concurrent evidence in arbitrations

    Article highlights that there is no ‘one size fits all' for managing expert evidence.
    AustraliaLitigation, Mediation & Arbitration
    KordaMentha
    KordaMentha
  • Article

    Liability Of Sporting Bodies & Players

    Two recent NSW decisions further clarify the liability of sporting bodies and participants for injuries sustained in the course of play.
    AustraliaLitigation, Mediation & Arbitration
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Speak Now, Or Forever Hold Your Peace

    All companies, regardless of their size or solvency, must ensure that they have appropriate systems for dealing with statutory demands.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Showing 901–920 of 1091 results

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