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Insurance

Joint Illegal Enterprise associated with driving under the influence of drugs may be more commonly open as a defence than once thought

Author: Rihab Abdul-Rahman Judgment date: 15 March 2022 Citation: Raad v Cossey [2022] NSWDC 59 Jurisdiction: District Court of New South Wales Before: Cowdroy AO QC ADCJ Principles: A driver and a passenger who are both under the influence of drugs ...

Published by McCabes News
29 March, 2022
Employment

PCR Test as an Alternative to Vaccinations? The Fair Work Commission Says No

The Fair Work Commission (FWC) has recently been called on to determine whether a worker's offer to undergo polymerase chain reaction (PCR) testing instead of receiving a COVID-19 vaccination was a reasonable alternative to receiving the vaccine. On...

Published by Tim McDonald
23 March, 2022
Litigation and Dispute Resolution

McCabes named as finalist in 2022 Client Choice Awards

McCabes have been named as finalists in the category of Best Law and Related Services Firm $50M - $200M Revenue in the 2022 Client Choice Awards.   &nb...

Published by McCabes News
23 March, 2022
Litigation and Dispute Resolution

Rectifying injustices in contract formation: Court of Appeal confirms approach to setting aside unfair contracts under the Contracts Review Act

The Court of Appeal of New South Wales recently upheld a decision of the Supreme Court to set aside a deed under the Contracts Review Act 1980 (NSW) (the Act) on the basis that it was an unjust contract due to substantive an...

Published by Andrew Lacey
21 March, 2022
Insurance

Exceptions to the rule in Browne v Dunn

Dodson v Woolworths Group Limited [2022] WASCA 22 was an appeal resulting from a decision reached by an Arbitrator in the Western Australian Workers’ Compensation Arbitration Service. The appellant (Dodson) claimed at the arbitration that she s...

Published by McCabes News
7 March, 2022
Litigation and Dispute Resolution

Pursuing private claims through public examinations: High Court extends the permissible range of ‘eligible applicants’

Recently, the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 ('Walton')...

Published by Andrew Lacey
6 March, 2022
COVID-19

Employee or independent contractor? High Court provides guidance.

On Wednesday the High Court delivered two long awaited decisions on determining whether a worker is an employee or an independent contractor. The decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 (CFMMEU v Personnel Contra...

Published by Tim McDonald
11 February, 2022
Insurance

High Court provides clarification on the rental of prestige vehicles

Introduction On 8 December 2021 the High Court delivered their decision in Arsalan v Rixon and Nguyen v Cassim. The decisions were appealed from the New South Wales Court of Appeal, and each relate to the situation where an insured driver has caused ...

Published by McCabes News
22 December, 2021
Litigation and Dispute Resolution

McCabes News: McCabes promote 14 across firm

It is with great pleasure that McCabes announce promotions effective 1 January 2022 across the firm. We wish to congratulate: 

Published by McCabes News
15 December, 2021
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