ArticleO'Toole V BlueCare: When Personal Injury Claims Meet The Deadline DilemmaCase highlighting the importance of timely legal action in personal injury cases.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleBinding 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 ConstructionBarry Nilsson
ArticleNew 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 ConstructionBarry Nilsson
ArticleReal 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 ConstructionBarry Nilsson
ArticleSupreme Court Confirms That "Ratchet" Rent Reviews In Retail Leases Are VoidIn 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 ConstructionBarry Nilsson
ArticleValuation Notices Issued (Queensland)The Valuer-General issued Valuation Notices recently to landowners across the state.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleHips 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 ProtectionBarry Nilsson
ArticlePost-Mortem Sperm HarvestingOn 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 ProtectionBarry Nilsson
ArticleThe Risks Of Not Updating Financial Information In Family Law Property SettlementsKey lessons about why it's important to engage actively, keep your financial evidence current, and respond promptly to the Court's directions.AustraliaFamily and MatrimonialBarry Nilsson
ArticleThe Personal Property Securities Act 2009 and property transactionsThe PPSA will impact all personal property security interests and affect certain property and business transactions.AustraliaFinance and BankingBarry Nilsson
ArticleAHPRA 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 SciencesBarry Nilsson
ArticleGoing 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 SciencesBarry Nilsson
ArticleTGA focusses on digital scribes as medical devicesBefore using a digital scribe, healthcare practitioners should consider if it serves a therapeutic purpose & is listed on the ARTG.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleContributory negligence: How a worker's secret back injury cost him his caseDC dismissed claim by worker who sustained back injury - his failure to disclose a pre-existing condition & undertake suitable work constituted contributory negligence.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleHospital found negligent for discharging patient with ectopic pregnancyDoctors must provide adequate & appropriate advice to patients before discharge & inform them of the need to return to hospital if their condition deteriorates.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticlePro Hac Vice: Employer Escapes Liability For Employee’s Negligent DrivingHost employer of negligent driver employee not liable for injuries - liability transferred pro hac vice to injured worker’s employer.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThe high price of providing unnecessary medical treatment - Dean v Phung [2012] NSWCA 223The Court concluded that consent was not given for the extensive dental treatment which was unnecessary for the injury.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThink Before You ConsentThis 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 & ArbitrationBarry Nilsson
ArticleForced 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 ConstructionBarry Nilsson
ArticleClimate Change and Insurance CoverThe case, now on appeal, is about the interpretation of a CGL policy when the insured is defending an emissions charge.United StatesInsuranceBarry Nilsson