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Legal perspectives from our expert lawyers
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In the recent case of Hoblos v Alexakis [2021] NSWCA 126, the NSW Court of Appeal found that whilst the credibility of an injured plaintiff is essential in proceedings, being a poor historian or exaggerating injuries suffered does not negate the plai...
Is the correct test of causation whether an alleged injury is a ‘direct consequence of the motor vehicle accident’? The NSW Supreme Court provides the answer in Hunter v NRMA Insurance. Judgment date: 2 June 2021 Citation: Hunter v Insura...
The Fair Work Commission (FWC) has handed down the 2021 Annual Wage Review decision, granting a 2.5% increase to the national minimum wage and modern award minimum wages. The weekly national minimum wage (NMW) will ...
Principles When calculating damages in accordance with the Civil Liability Act 2002 (NSW) (the Act), the Court will have regard to the plaintiff’s pre-accident medical records and underlying conditions. The Court will have regard to the plainti...
Can a Claimant bring a claim multiple times (by lodging the same claim form) in respect of the same cause of action even after the matter is deemed withdrawn in accordance with S85B(3) of the Motor Accident Compensation Act 1999? The NSW Supreme Cour...
When a person becomes bankrupt, his or her property vests in their trustee in bankruptcy. Property of a bankrupt generally extends to a bankrupt's right to commence litigation. However, specific carve outs exist for certain types of litigation which ...
The case of Dyco Hotels Pty Ltd v Laundy Hotels (Quarry) Pty Ltd [2021] NSWSC 504 concerned a contract for the sale of a freehold hotel property in Pyrmont, Sydney (Quarrymans Hotel) together with associated hotel licence and business. On 3...
The Australian Competition and Consumer Commission (ACCC) will soon roll out the new class exemption that will be available to small businesses, franchisees and fuel retailers. This will allow those businesses to collectively negotia...
The Crown Resorts Limited's (Crown) $1 million fine from the Victorian Regulator would seem insignificant in the context of the potential penalties under the Corporations Act 2001 (Cth) (the Act) if Crown is...
