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The onus of proof is on insurers to prove an insured's recklessness if they wish to rely upon such an exclusion clause.

Given the serious nature of fraud, the court held that allegations must be clearly pleaded and properly particularised.

A court may set aside the automatic 5-year disqualification preventing a person from managing a Australian corporation.

An obligation to use best endeavours means to do what is reasonable to achieve compliance with the contract.

The new PPS regime will encompass goods, equipment, temporary works and intellectual property licences.

Discretion may be used to determine weightings to be given to guidelines & reports, provided it is consistent with the EPA purpose.

Allowance was made for the cost of managing the fund management damages, but not for managing the fund's future income.

It is best to take a practical and flexible approach to dispute resolution, to avoid lengthy and costly litigation.

The Court considered that the issue to award costs was a balancing exercise between public interest and appeal success.

Timeframes specified in the contract for the sale of the residential property needed to be strictly observed.

When negotiating options, vendors protect their positions by reaching agreement in advance of the documentation phase.

Most of the maintenance and repairs to the haul route would be occasioned by vehicle traffic caused by the development.

NSW Land and Environment Court's decision may have significant impacts on other greenfield developments in NSW.

This new arrangement allows for a broader group of NZ citizens to be eligible to become permanent Australian residents.

Challenges to determinations based on error of law on the face of the record may increase, but will judges order remittals?

All businesses must adapt to changes in the environment and a regular review is imperative to keep your business healthy.

The push for corporate and taxation legislative reform to quash phoenix activity has stalled, but maybe only temporarily.