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12 Oct 2017
Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)
Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)
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9 Oct 2017
Seeking Leave to Appeal? Supreme Court provides insights and Court of Appeal affirms its approach in Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd
Seeking Leave to Appeal? Supreme Court provides insights and Court of Appeal affirms its approach in Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd
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28 Sep 2017
The common law right to cancel a contract of life insurance for the making of fraudulent claims
The common law right to cancel a contract of life insurance for the making of fraudulent claims AIA Australia Ltd v Richards (No3) [2017] FCA 1069 1. Section 59A of the Insurance Contracts Act 1984 (Cth) (“the Act”) allows a life insurer to cancel a contract of life insurance entered into after 28 ...
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21 Sep 2017
A port in the storm – What directors need to know about the new safe harbour provisions
It is a concern for directors in charge of companies experiencing financial difficulty that they may fall foul of the provisions under the Corporations Act 2001 (Cth) regarding a director’s duty to prevent insolvent trading by a company.
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7 Sep 2017
Caveats, Writs and Priorities A Guide to Protecting Your Interests
In the diversifying property landscape of Australia, where your most important asset is increasing in value at a rapid rate, it is essential to understand some of the ways to protect your interests when purchasing land.
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29 Aug 2017
Good Faith and Splitting Causes of Action: Recent considerations from the decision in Hansen v Sedrak
This is a case in relation to section 24 of the Civil Procedure Act 2005 (CPA) and issues of good faith. On 14 March 2016, the second plaintiff’s insurer, AAMI, commenced proceedings against the defendants for damage to the plaintiff’s vehicle pursuant to rights of subrogation. On 9 June 2016, Conse ...
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24 Aug 2017
How to Protect Your Interests when dealing with foreign persons
When dealing with major commercial contracts, particularly those involving cross border transactions, it will often be the case that an entity or person entering into the contract resides overseas or has assets in a foreign jurisdiction.
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16 Aug 2017
Legal Profession Uniform Law and Informed Instructions
The Legal Profession Uniform Law (NSW) (LPUL), among other matters, sets out the parameters for the standard of engagement expected of law practices and in turn, solicitors. Unless these standards are carefully considered and measures are adequately in place within a law practice, there is a real ...
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4 Aug 2017
Sirtex Medical share plunge the target of new shareholder class action
Misleading and deceptive conduct, lax disclosure alleged following 37% slump in share price Sirtex Medical Limited (ASX: SRX) faces a proposed shareholder class action to be run by specialist litigation firm William Roberts Lawyers with the financial backing of the long standing and experienced li ...
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27 Jun 2017
Land Owners Found Not Liable Under Home Building Act
On 9 June 2017, the Supreme Court of NSW found in Owners Strata Plan No 66375 v Suncorp Metway Insurance Limited (No.2) [2017] NSWSC 739, that the land owners were not liable as developers under the Home Building Act 1989 (NSW) applicable in 2000.
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