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Litigation and Dispute Resolution

The minefield of moderating comments: High Court decision has major implications for publications on social media

Recently, the High Court of Australia in Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2021] HCA 27, upheld the decision of the NSW Court of Appeal that media and news companies were "publishe...

Published by Foez Dewan
14 December, 2021
Corporate

Mandatory Covid-19 Vaccination Test Case: the importance of consultation

On 3 December 2021, a five-member full bench of the Fair Work Commission (FWC) deemed that a vaccine mandate introduced by BHP at its Mt Arthur Coal...

Published by Tim McDonald
6 December, 2021
Compulsory Third Party Insurance

The duty of Medical Assessors and Review Panels to ensure procedural fairness.

Introduction Claimants and insurers alike may utilise section 7.26 of the Motor Accident Injuries Act 2017 (‘the Act‘) to refer a medical assessment decision to a panel for review. During such a review, a medical panel has a duty to not o...

Published by McCabes News
29 November, 2021
Litigation and Dispute Resolution

Leave small businesses “a loan”: Federal Court declares unfair terms in Bank of Queensland finance contracts with small businesses

Upon application from ASIC, the Federal Court has determined that several terms contained within Bank of Queensland's (BoQ) small business contracts are unfair. This decision follows on from a suite of government reforms passed in 2...

Published by Andrew Lacey
8 November, 2021
Corporate

Latest Cases on COVID-19 Measures: Guidance for Employers

In response to the outbreak of COVID-19, governments in the various states and territories of Australia have enacted public health orders to minimise the risk of further transmission of the virus. Following the making of these public health orders, e...

Published by Tim McDonald
7 November, 2021
Compulsory Third Party Insurance

Federal Jurisdiction – Is SIRA “the State”?

The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Constitution. But when does federal jurisdiction arise? Does a minor injury dispute between a resident of Queensland a...

Published by Peter Hunt
7 November, 2021
Litigation and Dispute Resolution

Be careful what you caveat

A caveat is a statutory injunction that prevents the registration of dealings and plans on a title to land, provided for under the Real Property Act 1900 (NSW) (RPA). A caveat operates essentially like a "red flag", signalling to potential purchasers...

Published by Andrew Lacey
27 October, 2021
Litigation and Dispute Resolution

Is it really ‘on the cards’? Determining the validity of a subpoena in civil proceedings

The case of Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 concerned an appeal to the NSW Court of Appeal from a decision of single judge refusing to set aside a subpoena for produ...

Published by Andrew Lacey
18 October, 2021
Compulsory Third Party Insurance

The Proper Officer must be careful not to exercise judgment at the expense of applying statutory criteria

Author: Laurette Rizk Judgment date: 6 October 2021 Citation: Oeding-Erdel v Allianz Australia Limited [2021] NSWSC 1264 Jurisdiction: Supreme Court of New South Wales, McCallum JA Can the Proper Officer of SIRA lawfully determine applications for re...

Published by McCabes News
17 October, 2021
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