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  • Article

    PFAS Class Actions Developments: A Road Map Of Potential Liability Risks

    The largest class action in Australia has been announced, with 40,000 people suing the Australian Government for Per- and poly-fluroalkyl substances (PFAS) contamination
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    On The Brink Of Privacy Class Actions In Australia: All Eyes On Pending OAIC Determination

    To date, there has been a relative shortage of privacy litigation being commenced against companies and government agencies, let alone any successful class action determinations through the Courts.
    AustraliaPrivacy
    Clyde & Co
    Clyde & Co
Article

Decision Alert: NSW Supreme Court Confirms That A Prior Acquisition In A Public Landholder Is Not To Be Disregarded Where A Subsequent Acquisition Occurs

The NSW Supreme Court has handed down its decision in ISPT Pty Ltd (ACN 064 041 283) as Trustee of ISPT Retail Australia Property Trust (FSREC Fund) v Chief Commissioner of State Revenue [2026] NSWSC 424...
AustraliaReal Estate and Construction
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    Appeals from Workcover WA to District Court of WA – What is a question of law?

    To appeal to the District Court, the threshold question for such an appeal is if the appeal involves a question of law.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    The ACT Supreme Court Blitz: a selection of cases by Sidis AJ

    This is a snapshot of selected judgments by Sidis AJ handed down in the ACT Supreme Court during the 2012 Civil Blitz.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Wait A Minute- There Is More Than One Date Of Assessment? Standley v Onepath Life Limited [2020] NSWSC 848

    A decision in the Supreme Court of New South Wales challenges the accepted orthodoxy that the applicable date of assessment in a standard form definition total and permanent disablement (TPD)
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Evaluation of the relevant criteria when determining non-economic loss and a buffer for loss of earning capacity

    There are only limited circumstances where an appellate court will alter a primary judge's award for non-economic loss.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Rebel Wilson And Defamation Risk: When Public Allegations Move From Belief To Proof

    When serious allegations are published – intentionally, publicly and to a mass audience – the legal question is immediate and unforgiving: who must justify them? Under Australian defamation law, the answer is not the person defamed. It is the person who chose to publish.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    The Issue of Relevant and Irrelevant Considerations by MAS Review Panel Assessor Judicially Reviewed - Graovac v Motor Accidents Authority [2010] NSWSC 938

    In the absence of specific legislative limitations, a MAS Review Panel has the power to make a decision based on the information before it and give weight to that information in accordance with clinical judgment. The plaintiff sought judicial relief pursuant to Section 69 of the Supreme Court Act 1970 of a decision made by the MAS Review Panel.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Automotive Industry Update

    The government has released draft legislation on the conduit foreign income measure. The measure will replace the existing foreign dividend account rules and provide tax relief for the distribution of a broader range of foreign income, and implements the government’s decision in response to Recommendation 3.11(1) of the Board of Taxation’s report to the Treasurer on international taxation.
    AustraliaTransport
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Redundancy – The Minefield Still Exists

    A potential legal minefield still remains around decisions to make employees redundant, for those employers in the federal system with 100 or more employees.
    AustraliaEmployment and HR
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Insolvency Update

    In Hansmar Investments Pty Ltd v Perpetual Trustee Co Ltd (2007) 61 ACSR 321 [2007] NSWSC 103, White J of the Equity Division of the Supreme Court of New South Wales found that a creditor's statutory demand may be issued for a claim for liquidated damages.
    AustraliaFinance and Banking
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Roads and Traffic Authority of NSW -v- Dederer [2007] HCA 42

    The High Court upheld the RTA's appeal in overturning the New South Wales Court of Appeal's judgment in relation to a 14 year old plaintiff who was rendered partially paraplegic when he dived off a bridge in Forster, New South Wales.
    AustraliaTransport
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Supreme Court of NSW declares COVID-19 fines to be invalid

    The penalty notices before the court did not meet the 'specific' requirement to the standard required by the legislation.
    AustraliaCoronavirus (COVID-19)
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    UK rejects Assange appeal against extradition, despite global campaign for freedom

    The WikiLeaks founder has spent another year in prolonged isolation waiting.
    AustraliaCriminal Law
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    Bad Packing – Deemed "packing" And The Attachment Of Risk Under The ICC(A) 2009

    Swashplate Pty Ltd v Liberty Mutual Insurance Co (trading as Liberty International Underwriters) [2020] FCAFC 137 (Federal Court of Australia, Full Court).
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Civil liability for personal harm - dangerous recreational activity and obvious risk

    A recent NSW District Court decision provided recreational and adventure operators with more guidance and protection.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Concurrent Australian Class Actions Allowed To Proceed Due To Different Funding Arrangements And Case Strategy

    Australian Executor Trustees Limited ("AET") was the trustee for holders of debentures issued by Provident Capital Limited ("Provident") under the provisions of Chapter 2L of the Corporations Act 2001 (Cth) (the "Act").
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Defence Legal Costs: How and when you can apply in criminal and intervention order proceedings

    It is important to consider costs in how a defence is conceived and run from the commencement of a case.
    AustraliaLitigation, Mediation & Arbitration
    Doogue + George Defence Lawyers
    Doogue + George Defence Lawyers
  • Article

    Ex-NRL player Jarryd Hayne set to face retrial after successful appeal

    Hayne faces his third trial, on charges originally laid in 2018, so questions arise as to the perpetuity of proceedings.
    AustraliaLitigation, Mediation & Arbitration
    Criminal Defence Lawyers Australia
    Criminal Defence Lawyers Australia
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