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
Category: Our Archives – Articles & Case Studies
Taming the Cookie Monster
New regulations in the European Union (“EU”) are bringing significant change to the way in which Australian businesses must approach the use and storage of
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
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
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]
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
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
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
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
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
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.
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
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
“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
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