ArticlePersonal Injury Commission Not An All-Terrain ForumPout v Shipway reminds us not all personal injury claims are suitable for assessment by the Personal Injury Commission. AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleThe WayForward: the admissibility of ‘WayBack Machine' evidenceThe Wayback Machine is an internet-based service available here, maintained by the Internet Archive.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleUnderstanding the new employee right to disconnectRight for an employee to "switch off" and refuse contact by their employer, outside their ordinary working hours.AustraliaEmployment and HRMcCabes
ArticlePirates, copyright and privacy: the Dallas Buyers Club vs ISPs verdictThe Court ordered iiNet and the other ISPs to hand over names and addresses of clients who allegedly infringed copyright.AustraliaIntellectual PropertyMcCabes
ArticleWhen 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 ConstructionMcCabes
ArticleWho 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 & ArbitrationMcCabes
ArticleCleaning 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 & ArbitrationMcCabes
ArticleCompany Reinstatement: Your Key to Legal Action The reinstatement of a deregistered company is governed by s 601AH of the Act.AustraliaCorporate/Commercial LawMcCabes
ArticleDeconstructing the James Hardie Azek takeoverListing rule waiver on which James Hardie will rely to acquire Azek without getting shareholder approval.AustraliaCorporate/Commercial LawMcCabes
ArticleRemoving a liquidator: A guide for creditorsIf 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-StructuringMcCabes
ArticleInquest Into The Death Of Benjamin Anthony Freear: Regional General Practice And The Limits Of CareIn 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.AustraliaInsuranceMcCabes
ArticleHusher Up – Company Profits Irrelevant to the Calculation of PAWEPAWE is assessed purely according to the statutory formulae set out in clause 4 of Schedule 1 to MAIA. AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticlePersonal injury claims, obvious risks and liabilityThe elements of a personal injury claim are not as clear cut when obvious risk and contributory negligence are involved.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleA 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 521Devoid of any fault by the tenant, the obligation remains upon the landlord to undertake repairs if its property is damaged.AustraliaReal Estate and ConstructionMcCabes
ArticleAustralian construction industry collapseFixed price contracts and supply chain delays may be large contributors to insolvency for many Australian companies.AustraliaReal Estate and ConstructionMcCabes
ArticleBig little lies – Criminal liability for giving false evidence COPA v Wright [2024] EWHC 1198 (Ch)AustraliaCriminal LawMcCabes
ArticleBattle of Priorities: Liquidator's remuneration vs Employee claims in insolvencyThe Court held that s 556 of the Act determines the priority between the liquidator and preferred creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringMcCabes
ArticleWhat happens to a family provision claim in bankruptcy?Recent case examines s60(2) Bankruptcy Act. Discussion & key takeaways from case.AustraliaInsolvency/Bankruptcy/Re-StructuringMcCabes
ArticleCausation Questions Render Claim Unsuitable for AssessmentWhether a matter should be exempted under s 7.34(1)(b) of MAIA turns on the Member's discretion.AustraliaLitigation, Mediation & ArbitrationMcCabes
ArticleInquest Into The Death Of Simon Gaskill: Systemic Gaps In Discharge Planning For Patients Experiencing HomelessnessA 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. AustraliaInsuranceMcCabes