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  • 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

    Quick Guide to giving disclosure under the Retail Shop Leases Act

    The Retail Shop Leases Act (Act) requires an owner to give a tenant a disclosure statement and a draft lease (disclosure documents) at least 7 days before the tenant enters into a retail shop lease. A tenant 'enters into' a lease when it takes possession or is bound by the lease (whichever is earlier).
    AustraliaReal Estate and Construction
    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
  • Article

    ATE Insurance Deductions From Class Action Settlements Are “not That Simple”

    The Federal Court of Australia considered whether it was fair and reasonable to deduct the premiums associated with after the event (ATE) insurance taken out by the applicants' solicitors, from the funds to be paid in settlement of a class action.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Star Casino rolls the dice on a $4M cladding claim and wins one out of three

    Key takeaways from recent case regarding the installation of aluminium composite panels in the refurbishment of the Star Casino in Sydney from 2014 to 2016.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Abuse Settlement Deed Set Aside

    This decision confirms that what a court considers to be just and reasonable is assessed on a case-by-case basis.
    AustraliaCriminal Law
    Barry Nilsson
    Barry Nilsson
  • Article

    High Court clarifies scope of genuine redundancy under the Fair Work Act

    The decision provides important guidance on how employers must approach redundancy decisions.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Victoria Looks To Tighten Up The Regulatory Framework For The Handling Of Dangerous Goods

    The Victorian Government has introduced the Occupational Health and Safety Amendment (Dangerous Goods) Bill 2026 (the Bill), marking a significant legislative development in order to enhance the safety framework surrounding the handling, and activities involving the handling, of dangerous goods
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    A Step Too Far? Resiling From Arguments Following Appellate Decisions And Undermining Their Finality

    The Supreme Court of Victoria decided that the plaintiff’s attempt to contest the construction of deeds, after allowing an appeal to the Supreme Court of Victoria Court of Appeal and the High Court of Australia, on alternative grounds for appeal, has amounted to an abuse of process.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Tragedy Befalls Family After Homebirth Results In Newborn’s Avoidable Death

    The inquest into the death of Baby R highlighted issues regarding medical advice given over the course of the pregnancy and medical decision-making provided by attending midwives during the homebirth.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Insurers Not Directly Joined To Proceedings For Claimed Defective Plumbing Work

    Whether the Court of Appeal should overturn a decision of the County Court to refuse to directly join the respondents’ insurers to a proceeding seeking damages for allegedly defective plumbing works carried out by the respondents, and whether there was any error in the trial judge’s interpretation of the relevant Ministerial Order.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Damages Down, Costs Up: The Impact Of Prior Settlements And Rejected Offers

    Australian courts place significant weight upon any rejection of reasonable offers of compromise made in the proceeding.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    One Common Law, One Standard: Significant Damages Award In Historic Queensland Abuse Case

    The decision reinforces that there is but one common law of Australia.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    The Inquest Series: Giving evidence at a Coronial Inquest – trips and traps

    Complexities medical professionals face when giving evidence at a coronial inquest.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Mandatory Registration Of Leases

    Lease registration is currently voluntary in each State and Territory (refer to Table 8.1 of the Draft Report). Leasing practice differs in the various States and Territories in relation to registration.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    A Difficult Trial Is Not An Unfair Trial: The High Threshold Of Permanent Stays

    The plaintiff, a former resident at Nazareth House, sued the Sisters of Nazareth (the defendant) for damages relating to allegations of historical sexual, physical and psychological abuse said to have occurred during her placement at Nazareth House
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Fraudulent CTP Claims: A Ticket To Prison

    Australian CTP Scheme administrators are seeking stricter punishments for fraudulent and misleading conduct, with a recent NSW prosecution resulting in a 16-month prison sentence. The decision highlights a broader shift towards stronger enforcement and a clear deterrent for fraudulent claimants.
    AustraliaCriminal Law
    Barry Nilsson
    Barry Nilsson
  • Article

    Child awarded damages after unsecured café table causes serious injury

    Recent decision has significant implications for occupiers of public venues, particularly those frequented by children.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson

Showing 201–220 of 326 results

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