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Legal perspectives from our expert lawyers
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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...
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...
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...
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...
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from a corporation in breach of section 46 of the Competition and Consumer Act 2010 (Cth) (CCA). This is the first application of the misu...
The NSW Court of Appeal delivers a win for home owners and their insurers, confirming residential occupiers are not expected to take precautions for every possible hazard at their home. Judgment date: 14 September 2021 Citation: Prouten v Chapman [20...
With the increased risk from the highly infectious Delta COVID-19 variant within the community and workplaces, a hot topic for employers is whether they can direct their employees to have the COVID-19 vaccine. And if they refuse, can they terminate o...
Introduction The authors successfully acted for the NSW Department of Education in a crucial case where the NSWSC considered whether a school breached the duty of care owed to a student suffering a serious head injury whilst playing a 'hybri...
National firm McCabes revealed during an all-staff address by Managing Principal Andrew Lacey, effective Monday 6 September 2021, the firm would be rebranding to McCabes and officially announcing a dedicated Government Division to si...