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Legal Notebook: All road(way)s lead to a contractual dispute

The recent decision of RV Pty Limited v Connector Park Pty Ltd (No 2) [2017] TASSC 22 concerned a dispute between two land development companies in relation to a contract which required the construction of an access road. The...more

The Risk Management Module: How it can save valuers' money, reputations and careers

In such a dynamic, emotive and challenging industry as the property market, and with ongoing pressure being put on valuers’ prices and time, it is vital all valuers undertake daily practises to mitigate their risk, not only...more

Legal Notebook for the Australia and New Zealand Property Journal

The attached article appeared in the Australia and New Zealand Property Journal and addresses a recent decision of the Federal Court of Australia, Director of Consumer Affairs v Hocking Stuart Richmond Pty Ltd [2016] FCA...more

GIR Asia Pacific Investigations Review 2017: Australia Chapter - Internal Investigations

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which...more

Australian case update: Tiuta International Ltd v De Villiers Surveyors Ltd

SNAPSHOT - In Tiuta International Ltd v De Villiers Surveyors Ltd [2016] EWCA Civ 661, the English Court of Appeal delivered an important judgment in favour of lenders in a valuer’s negligence case, which has...more

The Asia-Pacific Investigations Review 2016

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which...more

High Court to clarify proportionate liability – judgment imminent

Those of you following our coverage regarding the proceedings of Selig & Anor v Wealthsure Pty Ltd & Ors, presently before the High Court of Australia, will be pleased to hear that judgment is set to be delivered at 10am on...more

High Court to clarify proportionate liability – an update

As previously reported, special leave has been granted in the appeal of Selig & Anor v Wealthsure Pty Ltd & Ors, which presents an opportunity for the High Court to clarify the law in relation to proportionate liability.  The...more

3/10/2015  /  Appeals , Australia , Proportionality

Record penalty against payday lender

As previously reported, on 26 August 2014, the Federal Court determined that The Cash Store Pty Ltd (in liquidation), a payday lender, and Assistive Finance Australia Pty Ltd, a loan funder, committed seven separate breaches...more

A novel question of duty – Philip Davison Sebry v Companies House and The Registrar of Companies

The Claimant, Philip Sebry, formerly Managing Director of Taylor & Sons Limited (‘Company’), brought a claim for damages for negligence and breach of statutory duty against Companies House and the Registrar of Companies...more

High Court to clarify proportionate liability – an update

As previously reported,special leave has been granted in the appeal of Selig & Anor v Wealthsure Pty Ltd & Ors, which presents an opportunity for the High Court to clarify the law in relation to proportionate liability. The...more

When ‘Googling’ can cause a mistrial

In the recent decision of Le v Magistrate Barbara Lane [2014] WASC 494, the Supreme Court of Western Australia was called upon to consider whether to prohibit a magistrate from continuing to hear a trial on the basis she had...more

2/5/2015  /  Australia , Google , Mistrial

High Court to clarify proportionate liability

Many readers will be aware of the Full Federal Court decisions of Wealthsure Pty Ltd v Selig [2014] FCAFC 64 and ABN AMRO Bank NV v Bathurst Regional Council [2014] FCAFC 65, which are in conflict as to how proportionate...more

1/19/2015  /  Australia , Proportionality

Successful application for security for costs

In Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd [2014] FCA 1371, the Federal Court of Australia was called upon to consider various interlocutory applications requesting security for costs against the...more

Forged artwork case illustrates proportionate liability

In McBride v Christie’s Australia Pty Limited [2014] NSWSC 172, the Plaintiff purchased a painting at an auction held by Christie’s Australia Pty Limited (“Christie’s”) through a bidding agent, Vivienne Sharpe. The vendor of...more

12/8/2014  /  Art , Australia , Forgery

Penalties imposed on APCHL directors

The Federal Court of Australia has delivered its judgment in respect of the penalties to be imposed against five former directors of Australian Property Custodian Holdings Ltd (“APCHL”) who breached their directors’ duties by...more

Separate trials of liability and quantum in an insurance context

In Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyd’s for the 2004 and 2005 Underwriting Years of Account [2014] WASC 422, the Supreme Court of Western Australia considered whether to order the...more

Granting leave to join an insurer, without seeing the policies – Guild Insurance Ltd v Hepburn

In Guild Insurance Ltd v Hepburn [2014] NSWCA 400, the Court of Appeal had to consider whether to grant leave to join an insurer under section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) (“LR(MP)A”). One of...more

11/25/2014  /  Australia , Insurance Industry

High Court finds no duty of care

In Hunter and New England Local Health District v McKenna; Hunter and New England Local Health District v Simon & Anor [2014] HCA 44, the High Court unanimously allowed appeals from the New South Wales Court of Appeal, and...more

11/13/2014  /  Australia , Duty of Care , Hospitals

Resolving competing factual scenarios – a good example from the NSW Supreme Court

In Layton Smith bht Troy Smith v NRMA Insurance Limited [2014] NSWSC 1518, the Supreme Court of NSW was called upon to determine the separate question of liability in a motor vehicle accident matter. However, in a somewhat...more

11/13/2014  /  Australia , Auto Insurance , Car Accident

Quasi Anton Piller Orders – Ho v Fordyce

In the recent judgment of Ho v Fordyce (ex parte) [2014] NSWSC 1404, the plaintiffs were granted relief similar to an Anton Piller order; namely, orders for access to and the making of copies of material on the defendant’s...more

10/15/2014  /  Australia , Discovery

Lifting the cloak of privilege – AusNet v Liesfield

Corporations and their insurers have long sought to protect their investigations by cloaking them in privilege. In contrast, Courts have long sought to look behind that cloak to find the real purpose of documents arising from...more

Corporate Insurance Trends 2014

Although we are seeing the tail end of many of the claims which arose from the Global Financial Crisis, the sophisticated plaintiff’s bar and ever-developing class action landscape means that companies and their officers will...more

Maxwell v Highway Hauliers – High Court Judgment Delivered – s54 does its work

The long awaited judgment of Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 was delivered by the High Court of Australia only moments ago....more

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