The Court found that a municipal council's deliberate failure to disclose that negotiations were no longer exclusive amounted to misleading or deceptive conduct within the meaning of section 42 of the Fair Trading Act 1987 (NSW), in circumstances where it had accepted an Expression of Interest from the plaintiff.

The South Australian District Court has delivered the third judgment concerning an assessment of damages for an asbestos related matter since the enactment of the Dust Diseases Act 2005 (SA).

An analysis of McCarthy v Patrick Stevedores No 1 Pty Limited (2011) NSWCA 311.

A discussion of Currie v Motor Accidents Authority of NSW [2013] NSWSC 83.

This decision confirms the conclusive and binding nature of MAS Determinations, but only for the issues they certify.

This appears to finally settle the issue about whether the six hour threshold in s128 MACA and s15B CLA is a continuous one. The court also considers economic loss in the context of the legal retirement age. Overall, this is an important decision which will be well received by liability and CTP underwriters.

District Court findings of negligence and assessment of contributory negligence at 10% overturned by Court of Appeal.

Court of Appeal finds that a plaintiff must adduce evidence supporting a positive inference implying negligence on the part of the defendant which must rise above the level of conjecture to support a finding of breach of duty of care.

The time charterer of a bulk carrier sued a shipbroker which had mistakenly represented that it acted on behalf of a prominent exporter. The time charterer succeeded in claims for breach of warranty of authority, and of sections 52 and 53(bb) of the "Trade Practices Act".

The Federal Court of Australia affirmed its jurisdiction to issue an injunction against an arbitrator in London to prevent him hearing the arbitration, and to enforce such injunction by contempt proceedings if need be.

The Thiering judgment has important implications for insurers, particularly to past gratuitous attendant care services.

there are various statutory mechanisms to pursue the insurers of companies being wound up or deregistered, including s 6 of the NSW Law Reform Miscellaneous Provisions Act (1946) and section 601AG of the Corporations Act 2001.

A look at Mungis (No 2) Pty Ltd v Still and its effect on contributory negligence.

• The judgment surveys the ambit of maritime law obligations laid upon a shipowner/operator in regard to the safety of stevedores working aboard. The court followed a number of international decisions, in particular two leading judgments of the Supreme Court of the United States.

In approaching the construction of an insurance policy, a court must determine the meaning the document would convey to a reasonable person with the background knowledge available to the contracting parties. The court must also have regard to the purpose and object of the transaction.

The case discusses the special relationship between a prison and an inmate and the scope of that duty.

Employee commenced proceedings against employer alleging his occupational exposure to silica dust.

Employers are not liable in negligence for a failure to give instruction as to how to carry out an ordinary activity.

Professional indemnity insurance is construed with the object of providing indemnity for professional activities.

Kostas v HIA Insurance Services Pty Limited [2010] HCA 32A - Tribunal that makes a finding based on a question of fact without supporting evidence makes an appellable error of law. An appeal from a Tribunal finding, unsupported by evidence, is classified as an appeal "with respect to a matter of law" under s 67 of the Consumer, Trader and Tenancy Tribunal Act 2001 (NSW).