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Insurance

Standing in the way of the obvious: The NSW Court of Appeal confirms the broad statutory definition of recreational activity

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...

Published by McCabes News
9 September, 2020
Insurance

Delays not a significant injury to medical panels’ jurisdiction

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...

Published by Richard Johnson
9 September, 2020
Insolvency

Can two wrongs make a right? Dealing with company deadlock through statutory oppression

Often in the early stages of establishing a company resources are pooled and liabilities are met equally. As a result, directors agree to divide the company in half with each getting 50% of the shares with a view to working together amicably for the ...

Published by Foez Dewan
8 September, 2020
Insurance

Unreasonable precautions: When the burden of taking a precaution becomes too heavy

The Court of Appeal recently handed down a decision which examined the duty to take reasonable precautions to avoid the risk of harm. A labour hire worker commenced proceedings against Coles Supermarkets Australia Pty Ltd after sustaining a back inju...

Published by Michael Cooper
7 September, 2020
Corporate

Federal Government extends the COVID-19 insolvency protections until 31 December 2020

Today, in a joint media release Treasurer Josh Frydenberg and Attorney General Christian Porter have announced that the Federal Government's temporary insolvency and bankruptcy protections will be extended until 31 December 2020. &n...

Published by Foez Dewan
7 September, 2020
Insolvency

“Third time wasn’t the charm” – ASIC disqualifies director for involvement in a string of liquidated companies

The Australian Securities and Investments Commission (ASIC) has recently invoked its statutory powers under section 206F of the Corporations Act 2001 (Cth) (the Act) to disqualify a Queensland director from ...

Published by Foez Dewan
31 August, 2020
Insurance

Western Australia Supreme Court – Increase in Mesothelioma Damages Award

The recent judgment of the WA Supreme Court (WASC) in the matter of Parkin v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2020] WASC 306 (Parkin) saw a significant increase in the amount previously awarded to mesothelioma sufferers in re...

Published by McCabes News
30 August, 2020
Corporate

When and how can employees be stood down during the COVID-19 pandemic?

The Fair Work Commission has recently dealt with three disputes concerning employees who were stood down during the COVID-19 pandemic, either through the pre-existing provisions in the Fair Work Act or a Jobkeeper enabling stand down direction. Given...

Published by McCabes News
27 August, 2020
Employment

Leave and security for costs for an incarcerated appellant – Mr D v Ms P [2020] NSWCA 174

This Court of Appeal judgment dealt with two notices of motion in relation to an appeal sought to be brought by Mr D, who is presently incarcerated as a result of assaults on Ms P that formed the subject matter of the proceedings before the primary j...

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