ArticlePolicy interpretation and section 54: federal court sets aside AFCA determinationRecent decision demonstrates that section 54 will not apply to an inherent restriction or limitation in the policy. AustraliaInsuranceBarry Nilsson
ArticleWhen Repair Costs Become Insurable Loss – Operation Of The Faulty Workmanship ExclusionThe decision provides a useful analysis on the interpretation of 'faulty workmanship exclusion'.AustraliaInsuranceBarry Nilsson
ArticleDefamation versus expressions of honest opinion: Where the law draws the lineSocial media posts can lead to legal liability, particularly when statements blur the line between fact & opinion or make unsubstantiated allegations about misconduct.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleJoining Insurers To Nervous Shock Claims: A Supreme Court PerspectiveThe 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 & ArbitrationBarry Nilsson
ArticleNSW Supreme Court Dismisses Delayed STI Diagnosis ClaimThe 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 & ArbitrationBarry Nilsson
ArticleThe Devil Is In The Detail In Establishing The Peer Professional Opinion DefenceThis decision highlights the protective scope of the defence of peer professional opinion as set out at section 41 of the CLA.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThe importance of reality testing valuation reports in Family LawThis 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 & ArbitrationBarry Nilsson
Article"There is but one common law in Australia": the broader impacts of Greenall v Amaca Pty LtdThis 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 & ArbitrationBarry Nilsson
ArticleNew Sustainability Obligations of Vendors and DevelopersIn 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 ConstructionBarry Nilsson
ArticleAI Hallucinations In Court: Lessons From The UK, US And AustraliaAs AI continues to evolve, so must our professional standards and practices.AustraliaTechnologyBarry Nilsson
ArticleSantos Clears The Air: Greenwashing Claims Dismissed In Landmark CaseAustralia's first case to consider climate-based forward-looking statements.AustraliaConsumer ProtectionBarry Nilsson
ArticleValid Consent In The Context Of Childbirth And Birth PlansThe 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 SciencesBarry Nilsson
ArticleCovid 19 Does Not Excuse Poor Patient Assessment Or Record KeepingA 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
ArticleState Obtains Complete Indemnity From Teacher Following Institutional Abuse SettlementThe 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 LawBarry Nilsson
ArticleWhen honesty isn't enough: why courts require more than sincerity in institutional abuse casesThe decision highlights the high evidentiary burden that plaintiffs in institutional abuse matters must overcome to succeed with their action.AustraliaCriminal LawBarry Nilsson
ArticleModern Awards: Text Prevails Over Industrial HistoryIn 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 HRBarry Nilsson
ArticleProposed Ban On Non-compete Clauses: What Employers Need To KnowThe Australian Government has announced its intention to ban the use of non‑compete clauses for employees earning below the high‑income threshold.AustraliaEmployment and HRBarry Nilsson
ArticleFrom iPhone note to courtroom: the dangers of DIY willsRecent case highlights the costly risks of DIY Wills & the importance of seeking proper legal advice when preparing your estate plans.AustraliaFamily and MatrimonialBarry Nilsson
ArticleTGA Intensifies Regulatory Oversight: Industry Implications For 2026-2027The 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 SciencesBarry Nilsson
ArticleFailure to warn: Wallace v Kam prevails againRecent case emphasises the importance of causation in failure to warn cases & that documentation is paramount.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson