Perera v GetSwift Limited [2018] FCA 732 This decision provides guidance to practitioners, aggrieved investors and litigation funders in the post common fund era of the
Category: Case Studies
Morocz v Marshman: Failure to warn revisited
Introduction The New South Wales Court of Appeal has recently revisited the duty cast on medical practitioners (and other health professionals) to warn patients of
Tal Life Ltd V Shuetrim [2016] Nswca 68
Legal developments TAL Life Ltd v Shuetrim [2016] NSWCA 68 is a significant intermediate appellate decision in the area of life insurance. Of particular relevance are
The Diminishing Advocates Immunity
INTRODUCTION In Attwells v Jackson Lalic Lawyers Pty Ltd1 the High Court of Australia has revisited the existence and scope of the immunity of advocates from suit.
Hill v Newth
On 18 March 2014, in Hill v Newth [2014] NSWSC 298, the court affirmed the position in NSW that when transacting a real property conveyance,
Sidhu v Van Dyke
This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as
Richard Neil Swansson v Russell Alan Harrison & Ors
The following Victorian Supreme Court decision identifies the importance of comprehensive advice by life insurance advisors to their clients and suggests somewhat of an onus
Bank, borrowers and the duty of care to make the right financial decision
Westpac Banking Corporation v Diagne [2014] NSWSC 822 Background The first defendant, Mr Diagne and the second defendant, Mrs Diagne, were restaurant owners and operators. In
What constitutes a “reasonable” decision when deciding whether to refuse or accept an insurance claim for Total and Permanent Disability – Lazarevic v United Super Pty Ltd [2014] NSWSC 96
On 20 February 2014, Hallen J of the New South Wales Supreme Court in Lazarevic v United Super Pty Ltd [2014] NSWSC 96 handed down a decision
Charafeddine v Morgan – Issue Estoppel, Property Damage Claims, and impact on Personal Injury Claims
On 21 March 2014, the NSW Court of Appeal, in Charafeddine v Morgan [2014] NSWCA 74, delivered a decision which makes it clear that the determination of
Insurers are able to receive security for costs
Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL: Security for Costs for Insurers A security for costs application allows a defendant to
Litigating liquidated damages clauses following Andrews v ANZ
The High Court case of Andrews v ANZ Banking Group Ltd1 may have profound impact on the commercial world, since many liquidated damages clauses in commercial contracts
Vivekananda v Insurance Australia Limited t/as NRMA Insurance: meaning of “substantial alteration” in ACT Building Act and Regulation
The Building Act 2004 (ACT) (Act) and Building (General) Regulation 2008 (ACT) (Regulation)) specify that in certain circumstances, if the alterations constitute a “substantial alteration”, then the entire building
Wingecarribee Shire Council v Lehman Brothers Australia Ltd: banking and finance – misselling of complex financial product
In 2012, the Federal Court of Australia delivered judgment in favour of the applicants in Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) [2012] FCA
Morgan, Re Brighton Hall Securities Pty Ltd: class actions – indemnity clause
Summary On 27 September 2013, the Federal Court of Australia handed down a decision in a multiple class actions claim, Morgan, Re Brighton Hall Securities Pty