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Insolvency

How unique is your trade mark?

The purpose of a trade mark is to distinguish a trader's goods and services from those of another. Generally, a mark is not capable of trade mark registration if it is descriptive of the goods and services in relation to which it is used or it is a m...

Published by Andrew Lacey
25 February, 2015
Commercial

Occupier’s Liability – Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether s 5B of t...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability – Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability Slip and fall on driveway – Caruana v Darouti [2014] NSWCA 85

Author: Gemma Abbey Judgement Date: 28th March, 2014 Citation: Caruana v Darouti [2014] NSWCA 85 Jurisdiction: Court of Appeal NSW[1] In Brief The absence of any prior accidents is not determinative in a finding of negligence. As to whether sÊ5B of ...

Published by McCabes News
5 April, 2014
Commercial

Occupier’s Liability Owner liable for mat placed on polished floor – Dillon v Hair [2014] NSWCA 80

Author: Renae Hamilton Judgement Date: 26th March, 2014 Citation: Dillon v Hair [2014] NSWCA 80 Jurisdiction: Court of Appeal[1] In Brief The owner’s knowledge of extraneous conditions will be relevant when determining the scope of the duty of ...

Published by McCabes News
5 April, 2014
Commercial

Constructing the boundaries of a builder’s duty of care – Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52

Author: Kiley Hodges Judgement Date: 14th March, 2014 Citation: Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 and Anor [2014] HCATrans 52 Jurisdiction: High Court of Australia[1] In Brief The High Court of Australia has granted Broo...

Published by McCabes News
23 March, 2014
Commercial

New Zealand Supreme Court overturns Bridgecorp regarding a statutory charge over defence costs – BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156

Author: Yasmin Bell Judgement Date: 23rd December, 2013 Citation: BFSL 2007 Limited & Ors v Steigrad [2013] NZSC 156 Jurisdiction: Supreme Court of New Zealand[1] In Brief Pursuant to s 9(1) of the Law Reform Miscellaneous Provisions Act 1936 (N...

Published by McCabes News
15 March, 2014
Commercial

Failure to use high beam is equivalent to using road as a footpath – Marien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396

Author: Joseph Vermiglio Judgement Date: 27th November, 2013 Citation: Marien v Gardiner; Marien v H J Heinz Company Australia Ltd [2013] NSWCA 396 Jurisdiction: Court of Appeal[1] In Brief Driving in a residential street does not prohibit the use of...

Published by McCabes News
15 February, 2014
Commercial

Can a failure to institute a system of inspection be found to have caused a plaintiff’s injury? – Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327

Author: Melinda Conry Judgement Date: 9th October, 2013 Citation: Australian Winch & Haulage Company Pty Limited v Collins [2013] NSWCA 327 Jurisdiction: Court of Appeal [1] In Brief The Court of Appeal considered the issue whether an employer&#...

Published by McCabes News
18 October, 2013
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