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  • Article

    Parental Responsibility - Implication, Order & Effect

    In a recent decision of Lansa & Clovelly [2010] FamCA 80, Murphy J discussed at some detail the interplay between parental responsibility conferred on a parent by virtue of section 61C of the Family Law Act 1975 and an order that confers parental responsibility.
    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

    Duty of care: Wilson v Tier

    The plaintiff failed to establish that the defendant breached his duty of care with regard to her dental treatment.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Electronic Health Records – Handle with extreme care

    Most people seem to agree that the introduction of electronic health records (EHR) is both a good idea and good policy.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Barry Nilsson
    Barry Nilsson
  • Article

    Pharmacy Board of Australia releases guidelines to manage escalating medicinal cannabis prescriptions

    The Pharmacy Board of Australia has released guidelines for the supply of medicinal cannabis.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    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

    A warning from the Queensland Supreme Court to Insurers: pay as early as possible or risk paying more than you bargained for...

    If an insured is able to prove greater losses as a result of late payment, insurers will be exposed to those losses.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Slaveski & Ors v Austin Health [2010] VSC 493

    The Victorian Supreme Court has confirmed its inherent jurisdiction to act to protect the life and welfare of an unconscious person. The Court has the duty and power to protect the rights of an unconscious person to receive appropriate medical treatment, sustenance and support, provided that it is in the person’s best interests.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    NSW Supreme Court's new rules for AI in legal practice

    NSW SC Practice Note guides legal practitioners, offering new guidance for integrating generative AI tools such as ChatGPT into their legal practice.
    AustraliaLaw Practice Management
    Barry Nilsson
    Barry Nilsson
  • Article

    A Bump In The Road: Strata Owners Held Liable Over Speed Hump

    In this recent decision, the Court of Appeal addressed the concept of 'obvious risk' under the Civil Liability Act 2002 (NSW) and its implications for liability and insured parties.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Contraceptive class action against Bayer fails

    The Victorian SC dismissed a class action over a contraceptive device, finding insufficient evidence that it caused the plaintiffs' alleged health issues.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Who Let The Dog Out?

    The DC of Qld found a dog owner not liable to a plaintiff for injuries sustained after the dog left an unsecured yard & caused the plaintiff to fall.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Compensating For Town Planner Negligence

    The decision highlights how courts assess 'loss of chance' claims based on the likelihood of hypothetical outcomes.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Court Of Appeal Rules That Coverage Is Tied To The Timing Of The Loss, Not The Defect

    The Victorian Court of Appeal has confirmed that loss and damage, not the underlying defect, must occur within the policy period for the purposes of the Domestic Building Insurance policy, and successors in title must prove their own loss in establishing a breach of the statutory warranties in the Domestic Building Contracts Act.
    AustraliaReal Estate and Construction
    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
  • Article

    Tax Debts, Double Dipping And Business Valuations

    This case helpfully lists a number of recent cases in which the court has explored the issue of the potential for 'double dipping'.
    AustraliaTax
    Barry Nilsson
    Barry Nilsson
  • Article

    The Anatomy Of Proper Pleadings In A Post-AA World

    Whether the respondent’s Amended Statement of Claim was sufficiently pleaded, in light of the decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Risk Must Be Real: The Limits Of The “Dangerous Recreational Activity” Defence

    The plaintiff was injured during a yacht racing collision and brought proceedings against the defendants, who argued that yacht racing was a 'dangerous recreational activity' such that no duty of care was owed under the Civil Liability Act.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

    The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.
    AustraliaLitigation, Mediation & Arbitration
    Barry Nilsson
    Barry Nilsson
  • Article

    The Reach Of The Duty Under The DBPA: Can You Pierce The Corporate Veil?

    Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd [2026] NSWSC 882 considers whether an individual project manager owes a duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW).
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson

Showing 81–100 of 325 results

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