1,091 results found

Plaintiff had an opportunity to identify the offending vehicle, so may not rely on s34 Motor Accidents Compensation Act.

By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court's decision regarding the actions of a storekeeper who provided a "book-up" credit service to indigenous residents in rural South Australia.

The insurance was taken out in Australia.

The two special leave points were in respect of breach of the duty of care and vicarious liability of the State of NSW.

Recent developments demonstrate that both jurisdictions are striving to establish best practice in litigation funding.

The case considers compensation payable for wrongly-granted interlocutory injunctions in a pharmaceutical patent dispute.

A New South Wales Supreme Court case examines the challenges of pursuing a medical negligence claim more than 20 years after surgery, where the plaintiff's credibility was severely undermined during 14 days of cross-examination. The judgment addresses critical issues surrounding limitation periods, the requirement for cogent explanations of delay, and the evidentiary burden of establishing disability or incapacity to suspend statutory time limits.

A NSW appeal court has overturned part of a young man's prison sentence after finding he lost more than three months of credit for time already spent in custody. The ruling highlights the complex and often misunderstood process of calculating pre-sentence custody, particularly when charges are later withdrawn or dismissed.

This case confirms that the statutory interpretation presumption against statutes having retrospective effect applies.

This case provides some guidance of what to do when looking at overheads and whether they should be taken into account.

10 years on, FTI Consulting's work on the Lifeplan Australia Friendly Society Ltd case against two of Lifeplan's former employees and the Ancient Order of Foresters in Victoria Friendly Society Limited still offers rich and relevant insights into the intersection of forensic expert evidence and legal strategy.

In February 2023, O'Callaghan J rejected an application for a settlement common fund order (CFO) in Davaria Pty Ltd v 7-Eleven Stores Pty Ltd (No 13) [2023] FCA 84 (7-Eleven) on the basis that CFOs...

The High Court has, by majority, allowed an appeal regarding the principles of proportionate liability in a recent case.

This case has implications for appeals relating to development applications made, but not decided, before 3 July 2017.

The ASX continuous disclosure requirements are turning into a fruitful source of litigation for shareholders, ASIC and professional litigation funders.

Government delays can be an unfortunate feature of administrative decision-making. Australians and Australian businesses waiting on a government decision, such as a freedom of information ("FOI") request...

In a landmark judgment, the High Court of Australia (High Court or the Court) has held that the Catholic Diocese (the Diocese) breached a non‑delegable duty of care owed to a child who was sexually assaulted...