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  • Article

    Personal Injury Commission Not An All-Terrain Forum

    Pout v Shipway reminds us not all personal injury claims are suitable for assessment by the Personal Injury Commission.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    The WayForward: the admissibility of ‘WayBack Machine' evidence

    The Wayback Machine is an internet-based service available here, maintained by the Internet Archive.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Understanding the new employee right to disconnect

    Right for an employee to "switch off" and refuse contact by their employer, outside their ordinary working hours.
    AustraliaEmployment and HR
    McCabes
    McCabes
  • Article

    Pirates, copyright and privacy: the Dallas Buyers Club vs ISPs verdict

    The Court ordered iiNet and the other ISPs to hand over names and addresses of clients who allegedly infringed copyright.
    AustraliaIntellectual Property
    McCabes
    McCabes
  • Article

    When is a real estate agent really entitled to commission?

    The exclusive agency period may be expired, but an agent may claim commission if he was the effective cause of the sale.
    AustraliaReal Estate and Construction
    McCabes
    McCabes
  • Article

    Who ruled the dogs out? Review panel finds pet care is not "treatment or care"

    Under the MAIA, only treatment & care expenses are recoverable. Pet care does not qualify as either Attendant Care Services or Rehabilitation so is not recoverable.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Cleaning Up Liability: Can an Occupier Be Liable for Mental Harm After a Fatal Accident?

    A good precedent for nervous shock cases, and application of section 32 of the CLA.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Company Reinstatement: Your Key to Legal Action

    The reinstatement of a deregistered company is governed by s 601AH of the Act.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Deconstructing the James Hardie Azek takeover

    Listing rule waiver on which James Hardie will rely to acquire Azek without getting shareholder approval.
    AustraliaCorporate/Commercial Law
    McCabes
    McCabes
  • Article

    Removing a liquidator: A guide for creditors

    If a liquidator's conduct falls short, creditors have 2 principal mechanisms through which a liquidator may be replaced: by resolution of creditors or by order of the Court.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McCabes
    McCabes
  • Article

    Inquest Into The Death Of Benjamin Anthony Freear: Regional General Practice And The Limits Of Care

    In the early hours of 8 December 2019, on a rural property at St Mary near Tiaro in Queensland, Benjamin Freear (the deceased) moved between properties armed with a .303 rifle, firing at neighbours, vehicles and buildings, and telling others he expected to die.
    AustraliaInsurance
    McCabes
    McCabes
  • Article

    Husher Up – Company Profits Irrelevant to the Calculation of PAWE

    PAWE is assessed purely according to the statutory formulae set out in clause 4 of Schedule 1 to MAIA.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Personal injury claims, obvious risks and liability

    The elements of a personal injury claim are not as clear cut when obvious risk and contributory negligence are involved.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    A hot topic: Who is responsible to repair accidental fire damage in a rental property? – Afluk v The New South Wales Land and Housing Corporation [2024] NSWDC 521

    Devoid of any fault by the tenant, the obligation remains upon the landlord to undertake repairs if its property is damaged.
    AustraliaReal Estate and Construction
    McCabes
    McCabes
  • Article

    Australian construction industry collapse

    Fixed price contracts and supply chain delays may be large contributors to insolvency for many Australian companies.
    AustraliaReal Estate and Construction
    McCabes
    McCabes
  • Article

    Big little lies – Criminal liability for giving false evidence

    COPA v Wright [2024] EWHC 1198 (Ch)
    AustraliaCriminal Law
    McCabes
    McCabes
  • Article

    Battle of Priorities: Liquidator's remuneration vs Employee claims in insolvency

    The Court held that s 556 of the Act determines the priority between the liquidator and preferred creditors.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McCabes
    McCabes
  • Article

    What happens to a family provision claim in bankruptcy?

    Recent case examines s60(2) Bankruptcy Act. Discussion & key takeaways from case.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    McCabes
    McCabes
  • Article

    Causation Questions Render Claim Unsuitable for Assessment

    Whether a matter should be exempted under s 7.34(1)(b) of MAIA turns on the Member's discretion.
    AustraliaLitigation, Mediation & Arbitration
    McCabes
    McCabes
  • Article

    Inquest Into The Death Of Simon Gaskill: Systemic Gaps In Discharge Planning For Patients Experiencing Homelessness

    A coronial inquest into the death of Simon Gaskill reveals critical failures in hospital discharge planning for homeless patients with complex health needs. The case examines how standard discharge procedures failed to account for the practical realities of homelessness, leaving a vulnerable patient without meaningful access to follow-up care.
    AustraliaInsurance
    McCabes
    McCabes

Showing 121–140 of 180 results

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