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  • Article

    Policy interpretation and section 54: federal court sets aside AFCA determination

    Recent decision demonstrates that section 54 will not apply to an inherent restriction or limitation in the policy.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    When Repair Costs Become Insurable Loss – Operation Of The Faulty Workmanship Exclusion

    The decision provides a useful analysis on the interpretation of 'faulty workmanship exclusion'.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Defamation versus expressions of honest opinion: Where the law draws the line

    Social media posts can lead to legal liability, particularly when statements blur the line between fact & opinion or make unsubstantiated allegations about misconduct.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Joining Insurers To Nervous Shock Claims: A Supreme Court Perspective

    The Supreme Court of NSW heard arguments as to whether a defendant’s insurer could be joined to a nervous shock proceeding and considered whether PTSD could be classed as a 'bodily injury' under the relevant insurance policy.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    NSW Supreme Court Dismisses Delayed STI Diagnosis Claim

    The Supreme Court of New South Wales has dismissed a delayed diagnosis claim against two medical practitioners arising from an alleged failure to diagnose syphilis in 2018. The proceedings were determined following an application by the defendants under rule 29.10 of the Uniform Civil Procedure Rules 2005 (NSW).
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    The Devil Is In The Detail In Establishing The Peer Professional Opinion Defence

    This decision highlights the protective scope of the defence of peer professional opinion as set out at section 41 of the CLA.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    The importance of reality testing valuation reports in Family Law

    This case serves as a helpful reminder to litigants and practitioners to carefully consider whether a valuation report is reflective of, and appropriately takes into account, the realities of running a business.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    "There is but one common law in Australia": the broader impacts of Greenall v Amaca Pty Ltd

    This decision illustrates the need to consider not only awards made in comparable claims around the rest of the country, but jury verdicts and defamation cases when assessing the quantum of common law general damages in a personal injury claim.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    New Sustainability Obligations of Vendors and Developers

    In a bid to improve sustainability in the building sector, all Queensland house, townhouse and unit vendors are now required to complete sustainability declarations under amendments to the Building Act 1975 ("the Act").
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    AI Hallucinations In Court: Lessons From The UK, US And Australia

    As AI continues to evolve, so must our professional standards and practices.
    AustraliaTechnology
    Barry Nilsson
    Barry Nilsson
  • Article

    Santos Clears The Air: Greenwashing Claims Dismissed In Landmark Case

    Australia's first case to consider climate-based forward-looking statements.
    AustraliaConsumer Protection
    Barry Nilsson
    Barry Nilsson
  • Article

    Valid Consent In The Context Of Childbirth And Birth Plans

    The plaintiff sought damages following her experience at Bendigo hospital where she gave birth. Despite her clear intentions not to undergo any vaginal examinations as outlined in her birth plan, she claimed she had been coerced into giving consent.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Covid 19 Does Not Excuse Poor Patient Assessment Or Record Keeping

    A doctor was found guilty of unsatisfactory professional conduct and misconduct for his treatment of patients, self-prescription practices and inadequate record-keeping regarding his provision of vaccination exemption certificates during the Covid 19 pandemic.
    AustraliaCoronavirus (COVID-19)
    Barry Nilsson
    Barry Nilsson
  • Article

    State Obtains Complete Indemnity From Teacher Following Institutional Abuse Settlement

    The NSW District Court awarded the State a complete indemnity against a former teacher following a $755,000 settlement of an institutional child sexual abuse claim.
    AustraliaCriminal Law
    Barry Nilsson
    Barry Nilsson
  • Article

    When honesty isn't enough: why courts require more than sincerity in institutional abuse cases

    The decision highlights the high evidentiary burden that plaintiffs in institutional abuse matters must overcome to succeed with their action.
    AustraliaCriminal Law
    Barry Nilsson
    Barry Nilsson
  • Article

    Modern Awards: Text Prevails Over Industrial History

    In a significant decision for employers and bargaining parties, the Full Court has reaffirmed that the text of a modern award prevails over historical practice, with important implications for how public holidays and shift arrangements are applied.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Proposed Ban On Non-compete Clauses: What Employers Need To Know

    The Australian Government has announced its intention to ban the use of non‑compete clauses for employees earning below the high‑income threshold.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    From iPhone note to courtroom: the dangers of DIY wills

    Recent case highlights the costly risks of DIY Wills & the importance of seeking proper legal advice when preparing your estate plans.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    TGA Intensifies Regulatory Oversight: Industry Implications For 2026-2027

    The Therapeutic Goods Administration (TGA) has reset its compliance agenda for the next two years, and the message is clear: expect sharper, faster and more digitally focused regulation.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Failure to warn: Wallace v Kam prevails again

    Recent case emphasises the importance of causation in failure to warn cases & that documentation is paramount.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson

Showing 161–180 of 326 results

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