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Your search for ‘Moray & Agnew’ returned 262 results

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  • Article

    Solicitor's file note not an 'investigative report'

    This decision may have a significant bearing on how respondents and their insurers approach PIPA disclosure.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    The successful party still not entitled to costs after the appeal

    When a party has achieved a ‘result’ but not a judgment, the party will not be entitled to recover costs.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
Article

Breaches of duty of care and the Civil Liability Act

Court emphasised the necessity to carefully consider the provisions of the CLA when assessing breaches of duty of care.
AustraliaLitigation, Mediation & Arbitration
Moray & Agnew
Moray & Agnew
  • Article

    When Is An Employee´s Crime The Employer´s Fault?

    Two employees have an argument at work. One shoots the other as the latter is about to drive home after work. Who's to blame? The employer ..........
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Concurrent wrongdoers: when is loss and damage the same?

    Concurrent wrongdoers must be liable for the same loss and damage for the proportionate liability provisions to apply.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Age discrimination: Is 75 too old to drive a bus?

    NSW administrative decisions tribunal finds age discrimination complaint substantiated. Robert Talbot ('the claimant') was 75 years of age and worked as a tour guide operator and bus driver for the respondent, conducting tours in the metropolitan region of Sydney and the Blue Mountains. The claimant was also the director of a company trading as Talbot Management Services Pty Limited ('TMS').
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Mental Harm Suffered By Rescuers Considered By The High Court

    The High Court has held in an unanimous judgment by all seven members that rescuers who did not witness a train derailment, but who witnessed the aftermath, were not prevented from pursuing damages for mental harm by the limitations set out in s30(2) of the New South Wales Civil Liability Act.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Pinpointing the notional trial date in claims against lawyers

    When defending professional negligence actions against litigation lawyers, fixing the notional trial date is critical.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Rough Justice: The High Court Rules Out Damages for the ‘Loss of Chance’ of a Better Medical Outcome

    On 21 April 2010 the High Court handed down its unanimous decision that damages are not available for the ‘loss of chance’ of a better medical outcome where the defendant’s negligence was merely a possible but less than a probable cause of the plaintiff’s damage.
    AustraliaConsumer Protection
    Moray & Agnew
    Moray & Agnew
  • Article

    High Court holds insurer cannot rely on an ‘efficacy’ exclusion clause

    Selected Seeds sought to have the Queensland Court of Appeal’s 2009 decision overturned. That decision allowed QBE’s appeal concerning the interpretation of a broadform liability insurance policy.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    The new (old) medical report dilemma – to serve or not to serve

    This decison may cause insurers to reconsider the appropriateness of obtaining medicolegal reports at an early stage.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Moray & Agnew
    Moray & Agnew
  • Article

    Insurer successful in establishing fraudulent non-disclosure

    In finding in favour of the insurer, the court found that the deceased's failure to disclose drug use was fraudulent.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Unfair dismissal cases: John Abercrombie v Davidson Farm

    The applicant had been employed on a casual basis from 21 January 2004 as a bagging machine operator in the respondent’s business, which concerned the growing and harvesting of bananas. In October 2009, the applicant suffered from a work-related double hernia and went onto light duties. He underwent surgery in May 2010. In July 2010 the applicant’s doctor provided a medical certificate stating that he was fit to resume normal duties. Despite this, he was kept on light duties by the responden
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Sexual harassment: protect your business

    A discussion on the increase in sexual harassment complaints arising in the workplace.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Work Health and Safety Harmonisation – after the deadline

    The implementation of the Work Health and Safety Act 2011 (Cth) is progressing across all States and Territories.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Child injured in crash: occupier's breach of duty or parent's failure to supervise?

    The claim was argued as a case of occupier's liability, but the court held it to be a case of failure to supervise.
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    Joining the Nominal Defendant – time limits apply

    An infrequently encountered provision of the Motor Accidents Compensation Act (MACA) was the subject of analysis and interpretation in this case, in which our Sydney office represented the Nominal Defendant
    AustraliaLitigation, Mediation & Arbitration
    Moray & Agnew
    Moray & Agnew
  • Article

    New Road Safety Remuneration Legislation in 2012

    The Road Safety Remuneration Act will regulate the road transport industry by setting remuneration and safety standards.
    AustraliaTransport
    Moray & Agnew
    Moray & Agnew
  • Article

    Why Is Probation Still An Issue?

    A significant number of decisions by the Australian Industrial Relations Commission (AIRC) still concern whether an employee was excluded from making an unfair dismissal application because they were on probation.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Change In Financial Position Of The Company Ought To Have Been Disclosed Prior To Policy Inception

    The Supreme Court of New South Wales upheld a denial of indemnity by CGU under a directors and officers policy on the grounds of misrepresentation and non disclosure by the insured, thereby avoiding a potential liability of about $21 million.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Moray & Agnew
    Moray & Agnew
  • Showing 221–240 of 262 results

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