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  • Article

    O'Toole V BlueCare: When Personal Injury Claims Meet The Deadline Dilemma

    Case highlighting the importance of timely legal action in personal injury cases.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Binding Financial Agreements - "A Plague on Both your Houses!"

    This article concerns other difficulties with financial agreements and the recent case of Kostres & Kostres [2009] FamCAFC 222.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    New law encourages settlement of neighbourhood disputes regarding dividing fences and overhanging trees outside of court.

    The new Act encourages informal resolution of disputes but neighbours can apply to QCAT if a dispute cannot be resolved.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Real Estate: Release on assignment – what are the lessor’s obligations?

    In 2006 the Retail Shop Leases Act (Act) was amended to provide that an assignor would be released from liability for any breach of the lease by an assignee after the assignment date (statutory release).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Supreme Court Confirms That "Ratchet" Rent Reviews In Retail Leases Are Void

    In a recent Queensland Supreme Court case, the key issue for the Court to decide was whether the 'ratchet' rent review clauses in the lease were permitted by the Retail Shop Leases Act 1994 ("the Act"). Ratchet rent review clauses do not allow CPI or market rent reviews to decrease the rent.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Valuation Notices Issued (Queensland)

    The Valuer-General issued Valuation Notices recently to landowners across the state.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Hips and PIPs - and what to do when a patient asks for an explanted implant?

    Hospitals should consider all possible risks from the release of these implants for actual or potential class actions.
    AustraliaConsumer Protection
    Barry Nilsson
    Barry Nilsson
  • Article

    Post-Mortem Sperm Harvesting

    On 21 April 2010, White J ordered that provided a widow pay the costs associated with storage, an IVF clinic in Brisbane was required to store the gametes (sperm) of her late husband.
    AustraliaConsumer Protection
    Barry Nilsson
    Barry Nilsson
  • Article

    The Risks Of Not Updating Financial Information In Family Law Property Settlements

    Key lessons about why it's important to engage actively, keep your financial evidence current, and respond promptly to the Court's directions.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    The Personal Property Securities Act 2009 and property transactions

    The PPSA will impact all personal property security interests and affect certain property and business transactions.
    AustraliaFinance and Banking
    Barry Nilsson
    Barry Nilsson
  • Article

    AHPRA guidelines on medicinal cannabis

    Practitioners are instructed to take additional caution and care when prescribing medicinal cannabis given its addictive properties and potential for misuse.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Going Back to the Future of Infection Control: an increase in medico-legal complaints?

    The implications of antibiotic resistance and resulting changes in medical practice are so far more medical than legal.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    TGA focusses on digital scribes as medical devices

    Before using a digital scribe, healthcare practitioners should consider if it serves a therapeutic purpose & is listed on the ARTG.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Contributory negligence: How a worker's secret back injury cost him his case

    DC dismissed claim by worker who sustained back injury - his failure to disclose a pre-existing condition & undertake suitable work constituted contributory negligence.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Hospital found negligent for discharging patient with ectopic pregnancy

    Doctors must provide adequate & appropriate advice to patients before discharge & inform them of the need to return to hospital if their condition deteriorates.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Pro Hac Vice: Employer Escapes Liability For Employee’s Negligent Driving

    Host employer of negligent driver employee not liable for injuries - liability transferred pro hac vice to injured worker’s employer.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    The high price of providing unnecessary medical treatment - Dean v Phung [2012] NSWCA 223

    The Court concluded that consent was not given for the extensive dental treatment which was unnecessary for the injury.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Think Before You Consent

    This case forms an important reminder to both litigants and practitioners to carefully consider consent orders prior to them being submitted to the court.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Forced Relocations – What Must Be Included In A Relocation Notice?

    When the parties cannot reach agreement and the relocation clause in the lease must be triggered, the implied provisions in the Retail Shop Leases Act require the landlord to give the tenant certain information before the relocation notice is effective.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Climate Change and Insurance Cover

    The case, now on appeal, is about the interpretation of a CGL policy when the insured is defending an emissions charge.
    United StatesInsurance
    Barry Nilsson
    Barry Nilsson

Showing 41–60 of 325 results

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