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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
The NSW Court of Appeal has considered the playing field of s 3B(1)(a) of the Civil Liability Act 2002 (NSW) (CLA) and confirmed that recklessness is insufficient to meet the threshold which requires subjective intent to cause injury. Author: Demi Mc...
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Fr...
In another victory for the obvious risk defence, the Court of Appeal delivers a judgment that highlights the importance of correctly formulating the risk of harm when distinguishing between foreseeable and obvious risk. Author: Renee Magee Judgment d...
In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...
Can a party be found to have breached a duty of care in the absence of evidence as to specific precautions which should have been taken to obviate or reduce the risk of injury? The Court of Appeal recently explored this issue in Bauer Media v Khedrla...
Is procedural fairness denied if a Claimant is not put on notice that a decision maker will be relying on introduced information to draw an adverse conclusion about their claim? The Supreme Court of New South Wales provides the answer in Briggs v NRM...
If a company in liquidation makes a payment to an unsecured creditor during or prior to entering into liquidation, the liquidator may flag that transaction and if necessary, seek a determination from the Court that the payment is an 'unfair preferenc...
When does volunteering at a sporting venue become a dangerous recreational activity? The NSW Court of Appeal continues to apply a broad interpretation to recreational activity in upholding the defence of obvious risk of dangerous recreational activit...
In Victoria, medical panels play a key part in determining whether plaintiffs are entitled to claim non-economic loss damages in public liability litigation. On 4 September 2020 the Victorian Court of Appeal delivered a decision impacting on the vali...
