A recent judgment of the High Court of Australia has unanimously held that a party’s inadvertent disclosure of privileged documents did not amount to a waiver of privilege. ...
A recent judgment of the High Court of Australia has unanimously held that a party’s inadvertent disclosure of privileged documents did not amount to a waiver of privilege.
On 28 June 2013, the long-awaited Insurance Contracts Amendment Act 2013 (Cth) (ICAA) came into effect. The ICAA is considered to bring the most significant changes to the Insurance Contracts Act 1984 (Cth) (ICA) since its commencement in 1986. The changes are to take effect in stages with the first
The State of Queensland has been held liable for insufficiently warning of the risks of harm in the Queensland Supreme Court decision of Kelly v State of Queensland [2013] QSC 106.
Land v Dhaliwal and Anor [2012] QSC 360 – this Supreme Court of Queensland decision highlights the importance of the plaintiff’s burden to produce evidence supporting every head of damage in a claim for personal injuries.
The Queensland Court of Appeal has rejected a claim of negligence against a body corporate for injuries sustained by a woman who fell through glass in the foyer of a building.
The Supreme Court decision in Schonell v Laspina, Trabucco & Co Pty Ltd [2013] QSC 90, confirms that the test for reasonableness is forward-looking and cannot be considered with the aid of hindsight. The decision also provides that deliberately obtaining information in creative ways to avoid the operation of section
The Queensland Court of Appeal has held a hotel manager liable for a needlestick injury that a guest sustained while staying in a short-term rental apartment, reversing the original decision of no liability.
A recent judgment of the NSW Supreme Court upheld the decision of a local court magistrate to disregard a party’s evidence, where the party’s overall account was considered ‘less than truthful’.
The Queensland Court of Appeal has recently confirmed that Queensland compulsory third party (CTP) insurers can recover costs under section 58 of the Motor Accident Insurance Act 1994 (Qld) even if not all of the costs were reasonably incurred.
Every road transport operator in Australia would be familiar with the use of conditions of carriage to attempt to exclude liability for loss of or damage to goods being carried. It is often impractical or inconvenient to have customers sign the fine print conditions on the reverse of consignment notes
This recent case provides a definitive answer to a question that has arisen numerous times in practice, but has never been answered judicially: Does non-compliance with the 60 day time limit in section 302(2) of the Workers’ Compensation & Rehabilitation Act (WCRA) prevent a claimant from pursuing a common law
Strategic Property Holdings No. 3 Pty Ltd v Austbrokers RWA Pty Ltd [2012] NSWSC 1570
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.