Category: Case Studies

Court picks the winner from the Getswift Class Action “Beauty Parade”

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

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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

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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

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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.

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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