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  • Article

    Harsh, Unreasonable Or Unjust Dismissal On Medical Grounds

    The Industrial Commission of NSW has served notice on large organisations that they defend unfair dismissal cases purely "on the papers" at their peril.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    The requirement of comprehension in defamation: how to disprove the first step in a claim

    In this case, the Court discussed the underlying principles that must be proved to establish any case in defamation.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Dog Attack Victim Has Damages Substantially Reduced On Appeal

    The Court of Appeal significantly reduced the plaintiff's damages awarded at trial, in particular reducing the award for non-economic loss on the basis of a reduction from 35% to 20% of a most extreme case, notwithstanding the fact that the infant plaintiff received significant scarring from a dog bite and resulting psychiatric disabilities.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Falling from great heights: principals and the negligent acts of their independent contractors

    A principal contractor does not owe its independent contractor a non-delegable duty of care. If a principal engages a competent contractor the principal is not subject to an ongoing duty of care with respect to the safety of the work methods used by the contractor. The duty owed is one to alleviate the risk of injury by co-ordinating and directing activities. The duty is to use reasonable care to avoid unnecessary risks of injury. It is not a duty to avoid any risk of injury.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Solicitor liable to bank for fraudulent mortgage

    If a solicitor provides cheque directions to a bank without a client's authority, he breaches the warranty of authority.
    AustraliaFinance and Banking
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Each period of exposure to asbestos held to have made a contribution towards the contraction of lung cancer

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

    Federal Court Of Australia Grants Stay In Favour Of US District Court Proceedings, But Requires Parties To First Mediate In Australia

    An American company has partially succeeded in evading its (apparent) contractual obligation to mediate and submit to litigation in Australia, by "getting in first", i.e. filing an application for declaratory relief in the US District Court.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Insured's Duty Of Disclosure - The Effect Misrepresentation Of Previous License Cancellations And Driving Under The Influence Of Alcohol Will Have On Indemnity Under A Policy Of Insurance

    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.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Interpretation Of ss 50C And 50D Of The Limitation Act 1969 - Date When A Cause Of Action Is ´Discoverable´

    It is not sufficient for the purposes of the Limitation Act 1969, s 50D(1)(b) that a person merely knows the facts necessary to establish the fault of the defendant. The person must also know that the defendant is, as a matter of law, liable to pay damages.
    AustraliaEmployment and HR
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Requirements to Proceed Against an Insurer Pursuant to S6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) - Eastern Creek Holdings Pty Limited v Axis Speciality Europe [2010] NSW CSC840

    In determining whether leave is granted pursuant to section 6(4) of the Law Reform (Miscellaneous Provisions) Act 1946 (Act) a Court will consider whether :- (a) There is an arguable case against the Insured; (b) There is an arguable case that the policy responds to; (c) There is a real possibility that if judgment is obtained the Insured would not be able to meet it.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Common sense prevails – evidentiary onus confirmed by the High Court

    Discusses a case which considers "best evidence" provisions.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    The Obligation Of A Review Panel To Give Reasons

    The quality and clarity of reasons given by an administrative law maker continue to be informed by the High Court's decision in Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] 185 CLR 259 ("MIA v Liang") where a Court should not be concerned with the "looseness in the language" invoked by an administrative decision maker.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Challenging MAS Assessments

    The objective of MAS is to determine whether a claimant's injuries arising from an accident exceed a threshold which would entitle them to damages for non-economic loss. Their determinations have a significant impact to the rights of the claimant and insurer. It is important that such determinations are correct in accordance with the law.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Dodgy Lawyers and Bad Investments – What Constitutes an "Event" in Relation to the Joinder of an Insurer to Proceedings?

    The courts have considered that the happening of the event is to be the moment when the cause of action is completed.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Know your audience: The final chapter in ASIC's prosecution of Fortescue and Forrest

    The High Court unanimously held that Fortescue Metals and Mr Forrest did not engage in misleading and deceptive conduct.
    AustraliaCorporate/Commercial Law
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Section 151Z(1)(d) recovery from a former employer in the context of a "disease of gradual onset"

    The decision confirms that where the disease is of gradual onset, there may be scope for recovery from former employers.
    AustraliaEmployment and HR
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Assessor fails to provide adequate reasons for damages assessed

    The case illustrates the insurer receiving administrative relief when alleging failure to provide adequate reasons.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Raising the barbell in relation to the joinder of an insurer to proceedings

    In order to join an insurer to proceedings directly, an applicant needs to have an arguable case, supported by evidence.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Case Note: Prestige Property Services Pty Limited v Choi & Anor [2007] NSWCA 363

    City of Sydney Council was liable for injuries sustained by the plaintiff when she was struck by a large falling tree branch whilst sitting in Hyde Park.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    "Court Of Appeal Fails To Decide Whether The OH&S Regulation Confers A Private Cause Of Action For Breach Of Statutory Duty On Members Of The Public"

    An occupier of premises must take all reasonable steps to eliminate hazards, whereas a contractor will only be required to take reasonable action within the limits of its authority and instructions.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers

Showing 281–300 of 432 results

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