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  • 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
  • Article

    Changes ahead for medical device regulation? Regulation, recalls and class actions

    Prosthetic medical devices have had a much higher profile in recent months than their manufacturers would prefer.
    AustraliaConsumer Protection
    Barry Nilsson
    Barry Nilsson
  • Article

    Director's Occupational Health and Safety (OHS) Duties

    Company directors are ultimately responsible for occupational health and safety and maintaining a safe system of work.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    School’s Duty Of Care To Employee Examined When An Aggrieved Parent Is On Grounds

    The Queensland Supreme Court has found that that a school did not breach the duty of care owed to an employee by failing to eject an aggrieved parent, by failing to activate a lockdown or by failing to forewarn the employee via telephone of the parent’s presence.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Walking The Tightrope – mental illness; patient rights and doctor's liability

    The treatment of mentally ill patients can raise difficult issues for doctors when a patient refuses treatment.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    5 quick tips for finding the right family lawyer

    Tips to help you find the right family lawyer for your situation.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Duty of care: Hegarty v Queensland Ambulance Service

    The Court of Appeal upheld the appeal and dismissed the plaintiff's action for inadequate support and counselling.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Medical Council’s Misuse Of Emergency Power Against Experienced Surgeon

    NSW Medical Council’s conditions imposed on a cardiothoracic surgeon were stayed under the National Law.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    The lucky number for insureds is 54...

    Section 54 of the Insurance Contracts Act 1984 is designed to protect insureds when insurers refuse to pay a claim.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    A case study in evidentiary challenges for historic abuse matters

    Recent decision underscores the heavy evidentiary burden in historical abuse claims & the need for rigorous credibility & factual analysis.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Interpretation of section 38(2) of the Retail Shop Leases Act – Tenant´s obligation to pay proportion of Outgoings

    Interpretation of section 38(2) of the Retail Shop Leases Act – Tenant's obligation to pay proportion of Outgoings
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Queensland Government Cuts Transfer Duty For First Homebuyers

    From 1 September 2008 first homebuyers will not pay transfer duty (stamp duty) on homes valued up to $500,000 (previously $350,000).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Warning: Offer Signed Subject To Contract May Still Be Binding

    The Court of Appeal has recently handed down a decision that, while not a new statement of law, is a re-statement of a principle that serves as a reminder to parties to an agreement for the sale of land; the signing of an offer to sell or buy property may be binding, even if it is subject to the execution of a formal contract.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    When exactly is a contract of insurance formed?

    The insured was entitled to the benefits even though no policy had been prepared, no invoice issued and no premium paid.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    TikTok After Hours: The Right To Disconnect Put To The Test

    The South Australian Employment Tribunal has rejected claims that after-hours TikTok and Snapchat messages sent to employees breached their right to disconnect. The ruling provides useful guidance on when out-of-hours communications may cross the line.
    AustraliaEmployment and HR
    Barry Nilsson
    Barry Nilsson
  • Article

    Intent Over Ink: When Can An Unsigned Deed Bind Parties

    The Supreme Court of Victoria ruled that parties were bound by a settlement deed sent unsigned by the defendants' solicitor and subsequently executed by the plaintiffs’ solicitor, even though the defendants ultimately refused to sign.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    When Contracting Out Doesn’t Prevent Liability: Owner And Occupier Held Liable Over Unsafe Diving Platform

    In this recent decision, the New South Wales District Court held that the Federation Council owed and breached a duty of care despite contracting operations to a third party, awarding damages of $165,000 to the plaintiff and enforcing indemnity obligations requiring Remlap to indemnify the Federation Council for the plaintiff’s claim.
    AustraliaFamily and Matrimonial
    Barry Nilsson
    Barry Nilsson
  • Article

    Prisoners Not Entitled To Egg Extraction And Freezing During Jail Time

    A prisoner made an application to Queensland Corrective Services seeking to have some of her eggs extracted and frozen so that she may undergo ‘assisted reproductive technology’ upon her release from imprisonment.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    What Is Considered ‘Defective Works’ And The Importance Of Expert Witness Independence

    On 4 March 2026, the Supreme Court of NSW handed down a decision which discussed the distinction between works defects and incomplete works, explored whether mere dissatisfaction of works is deemed defective, and provided a reminder of the importance of an expert witness’ independence when preparing a report (lest their opinion be given less weight as a consequence).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson

Showing 61–80 of 325 results

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