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Legal perspectives from our expert lawyers
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The recent Queensland decision of Agripower Australia Ltd (Agripower) v Queensland Engineering & Electrical Power Ltd (QEEP) & Ors [2015] QSC 268 has highlighted that a contract between the parties t...
Over the years, medical technologies have transformed many previously untreatable diseases. They are usually very expensive to develop but relatively cheap to reproduce. Without the protection conferred by a patent, it would not be economically viabl...
In the matter of Erlich v Leifer & Anor [2013] VSC 499, the Supreme Court of Victoria recently considered the issue of direct and vicarious liability of a school in circumstances where a student was sexually abused by the principal. &...
Author: Antonia Vo Judgement Date: 20th August, 2015 Citation: IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165 Jurisdiction: Supreme Court of New South Wales [1] In brief Medical Assessment Service (MAS) assessors retain the discretion ...
Recent decisions indicate that a party to a contract can pre-authorise novation of that contract. Pre-authorised novation can be useful for a business that may have a future need to transfer customer contracts to a third party (e.g. on the sale of it...
The Order On 26 August 2015, the Road Safety Remuneration Tribunal (the Tribunal) issued the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (the Draft RSRO) The Draft RSRO prop...
It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of the company and so that recommendations can be made to creditors to either have the company wound up,...
In so far as they relates to creditor's statutory demands, the provisions of the Corporations Act 2001 (Cth) are construed by the courts particularly prescriptively. On 5 June 2015, His Honour Justice Brereton de...
The recent Court of Appeal decision in Burke v Burke provides further commentary and clarification in relation to how estrangement will affect the Court's determination of family provision proceedings brought by adult children of deceased pe...