ArticleThe High Court gives proportionate liability in arbitration the green lightHigh Court of Australia has provided some clarity on the application of proportionate liability to arbitrations.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleWhen are the costs of separate legal representation ‘reasonable'? – the case of Lisa WilkinsonGuidance on when costs of separate legal representation by an employee are likely to be considered 'reasonable'.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleCyber-security obligations under CPS 234 and its trickle-down effectAPRA-regulated entities are now seeking to impose these CPS 234 obligations on third parties across their supply chain.AustraliaPrivacyGilchrist Connell
ArticleFrontier AI: APRA And ASIC Expect Action, Not AwarenessAPRA and ASIC have called on regulated entities to demonstrate that their governance, cyber controls, operational resilience and third-party risk arrangements can operate at frontier-AI speed.AustraliaStrategyGilchrist Connell
ArticleObligations under CPS 234 and its trickle-down effectObligations imposed by CPS 234 on regulated entities, the trickle down effect & the road ahead.AustraliaTechnologyGilchrist Connell
ArticleIndependent Contractors – how will the High Court approach the issue?Two cases currently before the High Court involve the distinction between independent contractors and employees.AustraliaEmployment and HRGilchrist Connell
ArticleAn expedited process for adjudicating a large body of creditor claimsWhen it is impracticable to assess a high volume of creditor claims, liquidators should apply for an expedited process.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleAvailable property of the company and priority employee claimsDecision provides useful clarification for liquidators on the interaction of ss 556 and 561 of the Corporations Act 2001.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleChoose your own adventure: A tale of varying Deeds of Company Arrangement (DOCAs)The FCA considered an application by a number of interested parties to vary the terms of various DOCAs.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleAPRA releases report on insurance claims trendsReport identifies rising premium & incurred claims costs & other trends consistent with a hardening market.AustraliaInsuranceGilchrist Connell
ArticleSublimits a case of each to their own in rectified D&O insurance programmeJudgment highlights the high evidentiary threshold to be met to successfully effect rectification of an insurance policy. AustraliaInsuranceGilchrist Connell
ArticleATE insurance as security for costs – NSW Supreme Court accepts anti-avoidance endorsementA NSW Supreme Court decision confirms that a well-drafted ATE policy can provide adequate security for costs.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleOwners corporation fined $225,000 for work health and safety breach on common property SafeWork NSW has successfully prosecuted an owners corporation in relation to a fatal incident.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticlePersonal costs for liquidatorsThe costs order was made personally due to the liquidator's unreasonable conduct and not from the assets of the company.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleReasonableness and the right to care in your own home Stewart v Metro North Hospital and Health Services [2025] HCA 34In recent case, the HC clarified the test of reasonableness for the purpose of assessing common law damages under the Civil Liability Act 2003 (Qld).AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleThe consequences of a failure to discloseRecent decision reaffirms the importance of parties completing full disclosure during the pre-court procedures of the Qld PIP Act.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleWhat should you do before you start digging?A contractor excavating an area with possible underground cables should have taken all reasonable steps to locate them.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleDo pre-action protocols promote justice and efficiency? Satellite litigation flowing from pre-action protocolsGuidance in respect of the operation of the pre-trial procedures provided for in Chapter 5 of the ACT's Civil Law (Wrongs) Act 2002 (CLA).AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleDelayed PTSD and dual employer liability: Insights from BHP v ThiessDecision makes it clear that a worker may have a compensable injury if they contract PTSD contributed to during earlier employment.AustraliaEmployment and HRGilchrist Connell
ArticlePrivilege Claims Put To The Test: Dominant Purpose UnmaskedIn Medibank Private Limited v McClure [2026] FCAFC 38, the Full Court of the Federal Court refused an application for leave to appeal, reaffirming the strict application of the dominant purpose test...AustraliaLitigation, Mediation & ArbitrationGilchrist Connell