Category: Our Archives – Articles & Case Studies

Psychiatric injury in the workplace and negligence

Job related stress is by no means a new phenomenon; however, increasing awareness around mental health means that there is a greater level of responsibility placed

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Lawyers Gone Wild: Acting without Authority

On 21 February 2017, in Victorian Legal Services commissioner v Logan (Legal Practice),1 the Victorian Civil and Administrative Tribunal delivered a decision regarding obligations that solicitors have

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Stealth Enterprises Pty Ltd t/as The Gentlemen’s Club v Calliden Insurance Limited

On Wednesday 5 April 2017, the Court of Appeal in New South Wales handed down its judgment that overturned Stealth Enterprises t/as The Gentleman’s Club v

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No Entitlement to Deny Indemnity for Jet Ski Accident

The Court of Appeal of the Supreme Court of the Australia Capital Territory in Allianz Australia Insurance Limited v Smeaton [2016] ACTCA 59, dismissed an appeal by

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To recuse or not to recuse? An enunciation of principles and their application in Karadaghian v Big Beat (Australia) Pty Ltd (No 3).

In Karadaghian v Big Beat (Australia) Pty Ltd (No 3) [2014] NSWSC 1691 (Karadaghian case), an application was made by the first defendant for Rothman J to disqualify

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CGU & Blakeley – the Conclusion?

In CGU Insurance Limited v Blakeley [2016] HCA 2 previously summarised by William Roberts earlier this year the High Court of Australia found that a potential plaintiff can pursue a claim

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Intersections; Lights and Liabilities

Motor vehicle drivers when approaching an intersection must, generally, take reasonable care to control their vehicle so as to avoid a collision. The general principle

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Subrogation and Liquidation – a harmonious melody or one out of tune?

Insolvency proceedings can often be a very chaotic and drawn out process. Amidst the flurry of activity undertaken by creditors, liquidators and directors, a question

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Snapping On Default Judgment

A plaintiff is able to apply for default judgment when a defendant fails to file an appearance (where applicable) or a defence within the time

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Section 54 – An Avenue to Meddle with Insurance Claims?

The first judgment published by the Federal Court of Australia in 20161 dealt with the operation of section 54 of the Insurance Contracts Act and whether an insurer

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Taylor & Wandani Pty Ltd v Hobson & Anors

The Supreme Court of Queensland recently delivered judgment in a case scrutinising an insurer’s involvement in proceedings and whether it amounted to an abuse of

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The implied undertaking – What is it?

The use of information obtained or produced under the compulsory processes of the Court cannot be used for a “collateral or ulterior purpose” unrelated to

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The Bikie Wars – The high threshold for discrediting an injured Plaintiff

As lawyers, we are often left to assess the credibility of a Plaintiff based upon the paper trail they leave in their wake – pasting

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No Costs in ACAT? The Proper Operation of Sections 48 and 49 of the ACT Civil and Administrative Tribunal and Other Issues

The costs of proceedings in the Australian Capital Territory Civil and Administrative Tribunal are regulated by sections 48 and 49 of the ACT Civil and Administrative

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Queensland – No longer in a class of its own

The recent introduction of the Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill into the Queensland parliament will make promising inroads for Queensland litigants

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