The first respondent was injured in a motor vehicle accident on 24 August 2005 when the vehicle driven by the appellant collided with the rear of the first respondent's vehicle. Liability was admitted by the appellant and the first respondent's claim proceeded on the basis of an assessment of damages only.

Certiorari will not be issued by the courts as a form of relief for an error of fact (that is not jurisdictional). It is not an error of law for an Assessor to arrive at a conclusion of which there is evidence simply because that conclusion is inconsistent with another conclusion that was available.

A recent NSW case considered the issue of foreseeability of risk.

The duty of an occupier of licensed premises to take reasonable care for the safety of patrons depends on proof that they knew or ought to have known facts requiring intervention to protect patrons and that they failed to take reasonable steps to safeguard an injured person from a foreseeable risk of harm.

This case considered the duty of a licensed club to protect its patrons from the tortious or criminal conduct of fellow patrons and what is reasonably required to discharge that duty.

The Industrial Commission of NSW has served notice on large organisations that they defend unfair dismissal cases purely "on the papers" at their peril.

The NSW Parliament has passed amendments to the Civil Procedure Act 2005 (CPA) which will have a significant impact on the conduct of civil litigation in NSW.

In this case, the Court discussed the underlying principles that must be proved to establish any case in defamation.

A defendant seeking to rely on a defence under s 151Z of the "Workers Compensation Act 1987" bears the onus of establishing liability on the part of the employer.

The Federal Court of Australia has imposed a penalty of $124,960 on an employer for breach of s16(1) of the "Occupational Health & Safety Act 1991 (Cth)", despite acknowledging that the employer took seriously its responsibility to provide a safe system of work, both prior to and after the accident.

A decision is unlikely to be overturned, when a primary judge has substantiated his findings for non-economic loss.

The plaintiffs, Senior Constable Sheehan and Senior Constable Wicks, attended to the rescue of passengers at the train derailment at Waterfall in NSW on 31 January 2003. They both witnessed dead and severely maimed victims of the crash.

The Court of Appeal will overturn a trial judge's decision where the judge's reasoning is contradictory.

When matters are referred to MAS, insurers must include the central issue(s) in dispute and all evidence in support.

Wembley Stadium in the United Kingdom continues to generate interesting court judgments, this time from Melbourne, Australia, where aggrieved investors have brought a "class action" suit against Multiplex.

The Court of Appeal will overturn a trial judge's decision where the judge's reasoning is contradictory.

On 9 December 2007, Betty Vasilikopoulos (plaintiff), stepped out of the bathtub in her unit and fell to the floor causing her to fracture her left fibula above the left ankle joint. The unit was occupied under a tenancy agreement made on 10 September 1987 between the defendant, the New South Wales Land and Housing Corporation as the landlord, and the plaintiff's husband. There was no suggestion the premises were not suitable for habitation at the time they were let.

The effect misrepresentation of previous license cancellations and driving under the influence of alcohol will have on indemnity under a policy of insurance. See Sagacious Legal Pty Limited v Wesfarmers General Insurance Limited (No 4) [2010] FCA 482. Federal Court of Australia.

Where the contribution of the negligent acts of 2 or more defendants caused damage, each one should be held liable.

In Penrose v nominal defendant & Anor (2009) NSW SC 1187, a Driver of an unidentified taxi has been found negligent based on circumstantial evidence.