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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...
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...
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 ...
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...
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...
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...
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...
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
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