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“An underwriter is not required to be a detective” – Hitchens v Zurich Australia Ltd [2015] NSWSC 825

Author: Carly Stephens Judgement Date: 20th June, 2015 Citation: Hitchens v Zurich Australia Limited [2015] NSWSC 825 Jurisdiction: NSW Supreme Court [1] In brief An insurer may avoid a policy on the grounds of non-disclosure or misrepresentation whe...

Published by McCabes News
19 July, 2015
Employment

Biddle v State of Victoria and Ors [2015] VSC 275

Justice Kaye of the Victorian Supreme Court recently considered an action for false imprisonment and assault brought by Bryan Biddle (Biddle) against the State of Victoria and three Victorian police officers.   Background At about 10:3...

Published by McCabes News
13 July, 2015
Insolvency

Are gross sum costs orders grossly underused? – Penson V Titan National Pty Limited (No 3) [2015] NSWCA 121

The recent decision of Campbell AJA in Penson v Titan National Pty Limited (No. 3) [2015] NSWCA 121 (Penson) handed down on 26 June 2015 is a timely reminder of the entitlement of a party to seek a gross sum costs order as an alternative to ...

Published by Andrew Lacey
6 July, 2015
Insolvency

Federal Court granted website blocking powers to curtail online copyright infringement

The Copyright Act has been amended to target the increase in online copyright infringement in Australia. The amendments allow the Federal Court to grant injunctions requiring carriage service providers to take steps to block access to websites or oth...

Published by Andrew Lacey
2 July, 2015
Litigation and Dispute Resolution

Part IX and part X agreements: non-bankruptcy alternatives for individuals

The Bankruptcy Act 1966 (Cth) (the Act) provides a regime by which a debtor can compromise with his/her creditors outside formal bankruptcy. The provisions are found in Part X (Personal Insolvency Agreements) and Part IX (De...

Published by Andrew Lacey
30 June, 2015
Employment

Police media statements and press conferences: defamation, breach of statutory duty and the case of Sands v State of South Australia [2015] SASCFC 36

The full court of the Supreme Court of South Australia recently considered an action for defamation brought by Derick Sands (Sands) against the State of South Australia.   Background Facts In 2004 South Australian Poli...

Published by Stuart Windybank
30 June, 2015
Litigation and Dispute Resolution

Wills and Estates: suspicious circumstances in drafting wills

It is not uncommon for a Will to be put forward as being a person's last record of their testamentary intentions only for it to be challenged by an aggrieved beneficiary (or someone who, in their opinion, should have been a beneficiary). These dispu...

Published by Andrew Lacey
29 June, 2015
Employment

Minimum wage and high income threshold increase

From Wednesday this week, 1 July 2015, the national minimum wage will increase to $656.90 per week and the high income threshold for making an unfair dismissal claim will increase to $136,700

Published by McCabes News
29 June, 2015
Litigation and Dispute Resolution

The Polish Club case: A win for the Independent Liquor and Gaming Authority

On 17 June 2015, the High Court of Australia gave judgment unanimously overturning a decision of the New South Wales Court of Appeal. The High Court held that a lease granted in contravention of s 92(1)(d) of the Liquor Act 2007 (NSW) was

Published by Andrew Lacey
22 June, 2015
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