Category: Our Archives – Articles & Case Studies

Comparing Apples with Oranges?

The Australian Life Insurance Industry moves closer to Standardised Reporting Definitions ASIC and APRA released the initial industry-aggregate results from phase 1 of a joint pilot data

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The Bankruptcy Court’s power to look behind a judgment

The decision in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 This decision concerned the circumstances in which a Court may “go behind” a judgment in

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Hacker-proof? Unpacking the new Privacy Amendments

– what this means for companies Organisations covered by the Australian Privacy Act 1988 (Cth) will soon need to notify eligible data breaches to the Office of

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Compliance with Subpoenas: Clarifying ‘Conduct Money’ and Compensation

The widely used term ‘conduct money’ is regularly misapplied in situations where a party complying with a Subpoena to Produce to the Court (Subpoena to

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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

The Court of Appeal has confirmed its position in relation to the requirements for seeking leave to appeal from its previous decisions in Be Financial Pty

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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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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 Section 59A of the Insurance Contracts Act 1984 (Cth) (“the Act”) allows a life insurer to cancel a

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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)

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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

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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

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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.

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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

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Ashley Services Class Action

On 1 December 2016, William Roberts Lawyers instituted an investor class action in the Federal Court of Australia against Ashley Services Group Limited (ACN: 094

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Unveiling Anonymity in the Federal Court

In the modern environment of rising cyber security incidents,1 compounded with an increase in the anonymity of individuals behind the cyber veil, the utilisation of the

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The Hon. Michael Kirby Speaks About North Korea and Human Rights

On 12 May 2017, William Roberts Lawyers were delighted to host the Hon. Justice Michael Kirby AC CMG, former justice of the High Court of

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