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  • Article

    Woman gives birth to stranger's baby – Monash IVF's error after error causing mistrust in the industry

    Reforms in IVF laws and regulations to ensure greater transparency and accountability in the IVF industry.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    AI And The Law: New Guidelines And The Consequences Of Misuse

    Law Institute of Victoria published comprehensive guidelines for the ethical use of AI in legal practice
    AustraliaLaw Practice Management
    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
  • Article

    Just A Social Media Post? Doctors, Think Twice – Your Registration May Be At Stake

    Medical practitioner referred to the Tribunal by the Medical Board after publishing a number of social media posts degrading conduct of other medical practitioners.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Limitation Periods: Whose side is time on?

    Discusses recent Queensland ltitgation which considered limitation periods.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Relevance, efficiency, and proportionality – the ambit of the duty to disclose

    The obligation on parties to provide full and frank disclosure continues throughout the proceedings until the dispute has been resolved.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Widely accepted practice in medicine allows for more than one solution to a health issue

    The court emphasised the importance of the neutrality of retained experts.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Penalties Awarded For Breach Of The Privacy Act

    This case highlights the importance of APP entities being aware of their obligations when it comes to matters of cyber security.
    AustraliaTechnology
    Barry Nilsson
    Barry Nilsson
  • Article

    Host Employer Liability Turns On Control And Safety

    The recent Supreme Court of NSW decision in Gong v AWI Steel Pty Limited concerns proceedings brought by Mr Gong (plaintiff) against AWI Steel Pty Limited (defendant), in which a host employer was found liable for a contractor’s serious workplace injury, despite having written safety policies in place.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Supermarket Giants Vs Fair Work Ombudsman: Employer Takeaways From Landmark Federal Court Decision

    This case provides a number of key considerations and implications for employers across Australia.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Warning To Financial Services Licensees: Federal Court Imposes $10.3M Penalty For Compliance And Reporting Failures

    A recent Federal Court decision imposing a $10.3M penalty on Mercer Superannuation (Australia) Limited highlights the significant consequences of failing to maintain adequate compliance systems and meet reporting obligations.
    AustraliaFinance and Banking
    Barry Nilsson
    Barry Nilsson
  • Article

    Supreme Court Of Victoria Authorises A Life-Saving Stem-Cell Treatment For A 15-Year-Old Patient

    The Supreme Court of Victoria has authorised the Royal Children’s Hospital to administer a stem cell transplant to increase the likelihood of survival for a 15-year-old girl against the objections of both the child and her mother.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    AI In The Courtroom: Lessons From Recent Cases And Regulatory Shifts

    AI continues its rapid transformation of the Australian legal industry, with legal AI adoption at an all-time high across the profession.
    AustraliaLaw Practice Management
    Barry Nilsson
    Barry Nilsson
  • Article

    Appealing to reason – $1.9m reduction in damages by SA Court of Appeal

    Recent decision provides greater certainty for insurers, ensuring that damages assessments are grounded in substantiated evidence when quantifying loss.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Defamation: Serious harm and media accountability

    This decision is a reminder of the steps which need to be taken and criteria to be satisfied in order to successfully rely on the defences of honest opinion, statutory qualified privilege and justification under the Defamation Act 2005.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    High Court clarifies the tort of private nuisance as it applies to statutory authorities

    Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Much-needed Judicial Guidance In Forced Adoption Cases From Lamont

    In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Supreme Court Of NSW Allows Limitations Defence And Refuses Extension Of Time Application

    The Court concluded that an extension of time was not 'just and reasonable', given the prejudice caused to the defendant by the lengthy delay.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Settling Parties Beware: The Dangers Associated With Settlement Agreements Where Parties Agree To Carry Out Subsequent Rectification Works

    The NSW Supreme Court explored the application of a settlement agreement arising in prior NCAT proceedings to the performance of repair works, as well as considered the respective defendants’ liability under separate claims pursuant to the Design and Building Practitioners Act 2020 (NSW) and the Home Building Act 1989 (NSW).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    You’ll Have To Prove It: Court Confirms Plaintiff Must Prove Causation In Claim Against Insurance Broker

    In a recent decision of the Victorian Supreme Court, Justice Osborne considered the scope of s 52 of the Wrongs Act 1958 (Vic), which states that a plaintiff must prove causation.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson

Showing 181–200 of 326 results

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