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  • Article

    Refusal of medical treatment - What are doctors supposed to do?

    The SA Court ordered a blood transfusion for a 4 year old girl, whose parents had refused consent on religious grounds.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Unlawful Botox Treatment And Infection Control Failures Result In Prohibition Order

    The Health Care Complaints Commission placed a prohibition order on Ms Huirong Zhou, a non-registered practitioner, following a Botox treatment she administered to a patient causing iatrogenic botulism and persistent difficulty swallowing and speaking...
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Are insurance contracts unfair?

    As part of the review of the Act, the Minister asked if insurance contracts should be subject to unfair contract laws.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Honest Belief Is No Absolute Defence: Exemplary Damages For Institutional Misconduct

    The High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    The High Court decision in Tabet v Gett - July 2010

    High Court held that the current law in Australia does not allow recovery for loss of chance in personal injury cases.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    What do the words 'arising out of' actually mean?

    The meaning of the phrase "arising out of" has recently been considered by the High Court of England and Wales.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Negligence claim leaks through statutory limitation period

    This decision underscores the importance of body corporates acting promptly when faced with such situations.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Security Slip-Up: Ibbett v Ravesis And The Limits Of Liability

    Hotel and security company not liable for patron’s injury during altercation due to poor pleading undermining the case.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    State of Queensland v Allen – so, what exactly is a 'medical report'?

    The Court of Appeal made it clear that file notes will not generally be discoverable on the basis they are reports.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    NSW Supreme Court finds slab defects do not guarantee full replacement

    Recent case shows courts favour reasonable, proportionate remedies & warns plaintiffs against claiming only costly fixes without evidence of alternatives.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    When Expert Evidence Isn’t Determinative, Can You Still Prove Fraud By Arson?

    In this case, the Supreme Court of Queensland assessed an arson defence without clear proof of how the fire started, placing weight on the insured’s financial position, pre‑loss actions and post‑event behaviour when considered together.
    AustraliaCriminal Law
    Barry Nilsson
    Barry Nilsson
  • Article

    Fair Work Commission Rejects Waitress’s Dismissal Claim Over Ambiguous Workplace Confrontation

    A part-time waitress was unsuccessful in her general protections application after the Fair Work Commission found that her employer’s instruction to 'go home' during a dinner service confrontation did not, objectively, constitute a dismissal.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    What must I do before filing a court application regarding my children?

    Before filing your parenting application, you need to attend a FDRC with your former partner.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    When ‘fair' is not enough: Considering equitable claims in family law property disputes

    Equitable claims can significantly affect what property is available to be divided in a family law matter.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Costs To Follow The Event In Victorian Disciplinary Proceedings Under The Health Practitioner Regulation National Law

    The Victorian Supreme Court determined that costs should ordinarily follow the event in disciplinary proceedings brought by the National Board against a registered health practitioner.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    A Lesson In Loss: Insurer Not Liable For $3.4 Million In Clean-up Costs For Contaminated Soil

    This decision provides useful guidance to underwriters as to how a pollution liability policy clause can be drafted to ensure that it operates as intended by the insurer.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Disclosure of social media and hiking footage ordered in personal injury claim

    Decision illustrates that a party to a personal injury claim will not be excused from fulfilling their disclosure obligations due to any alleged invasion of privacy.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    NSWCA Confirms In The Absence Of Appropriate Evidence, Owners Can Refuse Builder Rectification

    Owners corporation does not have a positive obligation to allow a builder the opportunity to return to rectify defects unless the builder proves the factual foundation for that obligation.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Avoiding Assumptions On CGT: Why The Full Court Rejected The Availability Of Hypothetical Rollover Relief

    In this case the Full Court of the Federal Circuit and Family Court of Australia has again affirmed the guiding principles set out in Rosati v Rosati [1998] FamCA 38 as to the treatment of potential capital gains tax in property settlement proceedings.
    AustraliaTax
    Barry Nilsson
    Barry Nilsson
  • Article

    Cryptocurrency Regulation In Australia: Understanding The New Digital Assets Framework

    The Corporations Amendment (Digital Assets Framework) Bill 2025 (Cth) (the Bill) marks a significant step in bridging digital asset intermediaries within Australia’s financial services regime.
    AustraliaTechnology
    Barry Nilsson
    Barry Nilsson

Showing 121–140 of 326 results

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