Category: Our Archives – Articles & Case Studies

Litigation Lotteries

Abuse of process and the overarching purpose of civil practice and procedure. On 17 October 2018 a complex multi-party and jurisdiction dispute came to an

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Taming the Cookie Monster

 –  PUTTING PACKETS BACK IN CONSUMER’S POCKETS New regulations in the European Union (“EU”) are bringing significant change to the way in which Australian businesses

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Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)

In liability claims under the Civil Liability Act 2002 (NSW), depending on the severity of a Claimant’s alleged injuries and disabilities, aside from the heads of damage

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Deceitful Debtors – Acting in Bad Faith

Protecting Creditors – Voiding Transactions using section 37A of the Conveyancing Act 1919 (NSW) Section 37A of the Conveyancing Act 1919 (NSW) (“the Act”’) affords creditors reassurance by providing

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General Data Protection Regulation – What is it?

In 1995, the European Union (EU) adopted the Data Protection Directive (95/46/EC) which protected the rights of individuals with “regard to the processing of [their]

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Cartel Conduct or Joint Venture?

When considering dealings involving actual or potential competitors, Australian competition law has long struggled drawing a bright line between: permissible pro-competitive joint venture activity; and

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Policing insurer reasonableness and disclosure deciding TPD claims

In 2015, MetLife’s handling of total and permanent disability (TPD) claims lodged by police officers relating to Post-Traumatic Stress Disorder (PTSD) was the subject of public

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That’s Not A Knife. This Is A Knife!

On 18 July 2018 in Sydney, reasons for judgment in Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 were published. Apple had earlier

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Buyer and seller beware – “Gun Jumping” on ACCC radar

Great care is needed on any potential sale or acquisition involving competitors (or potential competitors) to ensure the parties do not contravene broad civil penal

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The Brave New World of Data (in) Security

It is prudent to be scared rather than brave in the modern world of data breaches and cyber-attacks, where criminal enterprise endeavours to breach effective

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Privacy and Cyber Risk – Turning uncertainty into opportunity

Introduction: Australia’s current technological landscape. Australia’s technological landscape is ever evolving. Across sectors, digital technologies are constantly shifting business rules by facilitating new business models.

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Call for caution as unfair insurance contract terms debate heats up

In February 2018, the Consumer Action Law Centre released a report titled ‘Denied: Levelling the Playing Field to Make Insurance Fair’ (the Report). The Report promoted

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Bad eggs – How a handful of contractors ruin construction

While most Australians enter construction contracts with no issues whatsoever, there remain instances in which builders take advantage of consumers. For instance, we draw attention

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“The Changing World of Forensics”

Pressures on the Standards of Forensic Evidence in Civil Actions amidst International Scrutiny Insurance fraud in Australia is estimated to cost up to $2.2 billion

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Can an Insurer be joined to Proceedings?

The recent decision of Justice Campbell in Zaki v Better Buildings Constructions Pty Limited1 has become the first Supreme Court of New South Wales authority applying the Civil Liability

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