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  • Article

    Occupational Health & Safety - Head contractor´s obligations are not delegable

    The decision confirms the obligation of a principal contractor to provide a reasonable level of safety for sub-contractors entering onto a building site.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Victoria: First Australian State To Permit Contingency Fees In Class Actions

    Plaintiff law firms are celebrating! From 1 July 2020 class action lawyers can apply to the Supreme Court of Victoria for permission to charge costs using a contingency fee model.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
Article

Preparing for your first conference with your lawyer – a guide for clients

There are notable things that you can do to assist your lawyer (and to assist yourself) to achieve a favourable outcome.
AustraliaLitigation, Mediation & Arbitration
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Witness immunity - not down the drain?

    This case explores the continuing applicability of the doctrine of witness immunity, for experts and their employers.
    AustraliaLitigation, Mediation & Arbitration
    KordaMentha
    KordaMentha
  • Article

    NSW Court Of Appeal Confirms Duty Of Care Applies To Construction Work On Non-residential Buildings

    The Design and Building Practitioners Act 2020 (NSW) (Act) imposes on persons who carry out construction work a duty to exercise reasonable care to avoid economic loss to owners and subsequent...
    AustraliaReal Estate and Construction
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    One Claim. $2 Million Penalty. A Warning To Every Insurer.

    Australia's securities regulator has secured a landmark $2 million civil penalty against Hollard Insurance for breaching its duty of utmost good faith during a 17-month storm damage claim. The Federal Court found that repeated delays, inadequate expert assessment, and poor communication constituted a single contravention—even without deliberate misconduct. This precedent-setting decision signals that claims-handling failures on individual policies can now trigger seven-figure penalties, fundamentally
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Australian Court "Closes Class"

    In Australia, class actions operate by way of an opt-out model that does not require the consent or identification of class members at the time the proceedings are commenced.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Australian High Court Rules On Enforcing Foreign Judgments Against A Foreign State

    A recent High Court of Australia decision considers the unique circumstances in which a foreign State is entitled to relief from a foreign judgment made against it.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Defendants take Hart in recent Medical Panel appeals

    Given unique role of Medical Panel, parties should analyse whether they have sufficient grounds for appealing a determination.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Group Members And Unsuccessful Class Actions In Australia—Anshun Estoppel And Abuse Of Process

    The Timbercorp Group was in the business of operating horticultural and forestry managed investment schemes ("MISs").
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    NSW Government Bulletin - Challenge to demolition of Sydney Football Stadium

    Article discusses background to, reasons for and grounds of the challenge to the demolition of the Sydney Football Stadium.
    AustraliaLitigation, Mediation & Arbitration
    Holding Redlich
    Holding Redlich
  • Article

    Occupiers liability – Injured on premises belonging to someone else. What is next?

    Establishing occupier's liability involves careful consideration of the facts which have given rise to an injury.
    AustraliaLitigation, Mediation & Arbitration
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Article

    Non-delegable duties and intentional wrongs – the High Court determination

    The High Court of Australia determined that a non-delegable duty of care could be breached by the intentional criminal wrong doing of a third party.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Total And Permanent Disablement: Court Affirms Decision Of SCT

    In Felix v NULIS Nominees (Australia) Ltd [2020] FCA 596, Stewart J upheld a determination of the Superannuation Complaints Tribunal (Tribunal) that an Insurer's decision to decline a TPD claim
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Killer Queen ‘Killed Off’ – Katie Taylor Outduels Katy Hudson In Epic Katie(y) Perry Trade Mark Battle

    On 11 March, the High Court of Australia delivered its judgment in Taylor v Killer Queen LLC [2026] HCA 5. The judgment marks essentially the final chapter in the long-running trade mark battle between Katie Jane Taylor, an Australian fashion designer trading under the name “Katie Perry”, and Katheryn Hudson, the internationally renowned pop star known as “Katy Perry”. For a history of the dispute and Full Federal Court decision.
    AustraliaIntellectual Property
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Is Your D&O Coverage Up To Scratch?

    While the need for directors' and officers' insurance ("D&") is well understood, there's less understanding of some common problems in ensuring adequate coverage. In this article we'll look at recent cases which clarified liability for defence costs, and allocation of losses where a claim involves both insured and uninsured losses.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Limitation of liability clauses and consequential loss: Court revisits the approach in 'Peerless'

    The phrase "consequential loss" is very commonly used in exclusion and limitation of liability clauses.
    AustraliaLitigation, Mediation & Arbitration
    Rockwell Olivier
    Rockwell Olivier
  • Article

    Litigation funding regulation: grandfathered schemes and the MIS regime

    Recent case guides when litigation funding will be grandfathered for the purposes of the regulation of MIS regime.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Redress scheme moves closer to reality

    Article discusses the Redress Scheme that provides avenue for redress for survivors of institutional sexual abuse.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Emailing A Link Is Not Enough: Court Clarifies Service Requirements Under WA SOPA

    The Court of Appeal of the NSW Supreme Court has found that emailing a link to documents stored in an online repository did not constitute valid service under the Building and Construction Industry (Security of Payment) Act 2021 (WA), and that strict compliance with the Act’s one-business-day service requirement was necessary to establish jurisdiction.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Showing 941–960 of 1091 results

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