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Legal perspectives from our expert lawyers
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The NSW Court of Appeal has considered the playing field of s 3B(1)(a) of the Civil Liability Act 2002 (NSW) (CLA) and confirmed that recklessness is insufficient to meet the threshold which requires subjective intent to cause injury. Author: Demi Mc...
The Federal Court of Australia considered what conduct can constitute a breach of the duty of utmost good faith in the recent decision of Australian Securities and Investments Commissions v Youi Pty Ltd [2020] FCA 1701. Authors: Priya Paquet, Mark Fr...
In another victory for the obvious risk defence, the Court of Appeal delivers a judgment that highlights the importance of correctly formulating the risk of harm when distinguishing between foreseeable and obvious risk. Author: Renee Magee Judgment d...
In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...
Can a party be found to have breached a duty of care in the absence of evidence as to specific precautions which should have been taken to obviate or reduce the risk of injury? The Court of Appeal recently explored this issue in Bauer Media v Khedrla...
A recent decision in the Federal Court of Australia shows the importance of properly considering the particular wording used in a trust deed when exercising a power under it, and the adverse consequences that may flow if the rules of a trust are not ...
These days, it seems like every second person you speak to has a "side hustle". They're driving a rideshare vehicle, selling essential oils, skincare or make-up, have an artisan stall at the local markets or online, create and deliver Instagram wort...
In April this year, the Fair Work Commission (FWC) published two contrasting decisions regarding applications by employers to reduce the amount of redundancy pay due to their incapacity to pay. These decisions were the first two of t...
Is procedural fairness denied if a Claimant is not put on notice that a decision maker will be relying on introduced information to draw an adverse conclusion about their claim? The Supreme Court of New South Wales provides the answer in Briggs v NRM...