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Your search for ‘Moray & Agnew’ returned 262 results

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  • Article

    What is the Effect of a Foreign Jurisdiction Clause in Commercial Disputes?

    The New South Wales Court of Appeal considered the effect of a foreign jurisdiction clause on a commercial claim issued in the Supreme Court.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    When is a successful party not entitled to costs?

    This decision delivered on 19 April 2011 by President O’Meally of the Dust Diseases Tribunal of New South Wales held that a cross-claimant is not entitled to the costs of pursing a cross-claim for contribution unless a judgment is entered (by agreement / consent or following a trial) or the crossdefendant agrees to pay the costs of the claim.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
Article

Franchising update

The Franchising Code of Conduct ("the Code") is a mandatory industry code of conduct that has the force of law under the Trade Practices Act 1974 (the "Act"). The Code regulates the relationship between franchisors and franchisees and aims to ensure potential franchisees have sufficient information before entering into a franchise agreement.
AustraliaCorporate/Commercial Law
Moray & Agnew
Moray & Agnew
  • Article

    Proportionate or disproportionate liability?

    The Supreme Court of Queensland has held that two defendants were liable for 100% of the damages assessed, without taking into account the settlement reached between the plaintiff and the other six defendants before the trial.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    All for one or one for all – Fiduciary duty to subsidiaries

    Carefully worded employment contracts are vital in addressing employee fiduciary duties within groups of companies.
    AustraliaCorporate/Commercial Law
    Moray & Agnew
    Moray & Agnew
  • Article

    Workers compensation injury and dismissal

    Discusses the Plunkett v Silverbrook case and its resulting workers compensation decision.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Apportionable Claims And Terms Of Settlement – Are Terms Of Settlement Discoverable?

    The Supreme Court of Victoria has dismissed an application by one party to proceedings to have access to terms of settlement agreed between other parties to the same claim.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Future Economic Loss – Post Injury Experience Matters

    In this matter the court was asked to consider whether work experience gained by an appellant after the injury should impact on his claim for future economic loss. The appellant obtained the necessary qualifications to become an interstate truck driver post-injury. He submitted that his future economic loss claim should be assessed on the basis of those earnings, rather than on the basis of his pre-injury job as a removalist.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Increasing the Jurisdiction of the NSW District Court: Legal Directions

    The NSW Court of Appeal recently considered the circumstances in which defendants in the NSW District Court might be deemed to have consented to the extension of the court's jurisdiction from $750,000 to $1,125,000.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    What are the residential stamp duty concessions in NSW?

    Any person who is looking to purchase residential property in New South Wales should first be aware of the current concessions in duty available to them as well as other benefits.
    AustraliaCorporate/Commercial Law
    Moray & Agnew
    Moray & Agnew
  • Article

    Federal Court finds employer took adverse action against employee

    The broad nature of adverse action provisions of the Fair Work Act 2009 (‘FWA’) have recently been highlighted by the Federal Court in <em>Barclay v The Board of Bendigo Regional Institute of Technical and Further Education</em> concerning employees who engage in industrial activities.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Procedural fairness and communication issues when terminating injured workers

    A recent decision by Fair Work Australia (FWA) highlighted the need for employers to clearly communicate with injured workers and ensure that they are afforded procedural fairness when dealing with issues of reinstatement.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Tis the season to be jolly! - potential issues arising from work functions

    This article provides a reminder of some of the potential issues that could arise as a result of these celebrations.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Work health and safety harmonisation – Meeting the deadline

    The implementation of the model Work Health & Safety Act in all states and territories commences on 1 January 2012.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Workplace Health & Safety update: Draft Regulations and Codes of Practice released for public comment

    Safe Work Australia released the draft model Regulations in December 2010 for public comment. The twelve primary Codes of Practice have also been released for review.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Personal injury: Do publicans owe a duty to prevent harm to drunken patrons going home?

    In the February 2009 edition of Legal Directions, Emily Daffy and Shantini Minjoot discussed a decision of the Tasmanian Full Court which, as they foreshadowed, attracted the interest of the High Court.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Ringing Endorsement Of Trustee’s Claim

    In CGU Insurance Limited v One.Tel Limited (in liquidation) & Ors [2010] HCA 26, the preliminary questions raised for determination in the proceeding ended up in the High Court after two appeals, over three years. Ultimately, CGU failed in its attempt to ‘knock out’ the claim on technical points.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Will Australian experts remain immune from suit?

    On 14 March 2001, the appellant was involved in a road traffic accident which left him with a number of physical and psychological injuries. The appellant instructed solicitors (‘Kirwans’) to act for him.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    High Court To Hear Argument This Month On The Construction And Interpretation Of An ‘Efficacy’ Exclusion Clause

    In 2009 Fraser JA of the Queensland Court of Appeal, with whom Holmes JA and White J agreed, allowed an appeal by QBE, which concerned the interpretation of a broadform liability insurance policy. QBE’s insured, Selected Seeds Pty Limited, has been granted special leave by the High Court to appeal the decision to the Full Court of the High Court, which is scheduled to hear argument on 27 July 2010. The High Court’s decision on the width of the policy’s ‘efficacy’ exclusion clause will be awaited
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Sydney Airport´s Third Runway Insurance Dispute – BHE Loses Second Round

    Balderstone Hornibrook Engineering Pty Limited ('BHE') has lost an appeal to the NSW Court of Appeal against a finding that it was not entitled to cover under professional indemnity policies put in place for the benefit of all consultants working on the design of Sydney Airport's third runway.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Showing 181–200 of 262 results

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