Insights

Partner Andrew Moore and Special Counsel Matthew Foglia were recently interviewed by Australasian Legal Business in relation to the possible impact on the insurance industry of last month’s catastrophic events in New York.

Very few sections of Victorian legislation are as well known (and are as despised by so many!) as s138 Accident Compensation Act 1985 (Vic) (ACA). The section entitles the Victorian WorkCover Authority (VWA), Victoria’s statutory WorkCover insurer, to seek an … Read More

On 20 June 2012 the Victorian Government introduced into Parliament the Civil Procedure Amendment Bill 2012 (Amending Bill). The Amending Bill builds on the foundations of the Civil Procedure Act 2010 that was introduced in early 2011. The Amending Bill … Read More

The High Court has handed down its judgement in the long running James Hardie saga and held that 7 former directors and 1 officer were guilty of approving a misleading ASX announcement regarding the funding of asbestos liabilities.  The case … Read More

In the attached article, published in the May edition of Chartered Secretaries Australia’s journal “Keeping Good Companies“, Michael Bath, Gabrielle Levette and Claire Campbell discuss the cases of Mainstream Aquaculture Pty Ltd v Calliden Insurance Ltd and Tropical Reef Shipyard … Read More

In December 2011, the Victorian Court of Appeal upheld a “record” jury award of general damages to a mesothelioma victim in the amount of $730,000. On the afternoon of Wednesday 18 April 2012, and on the eve of the High … Read More

There is little debate that the discovery process has become prohibitively expensive in major litigation.  The NSW Supreme Court Equity Division has sought to address this with a new practice note which provides that discovery orders will not be made … Read More

One of the most important outstanding issues in shareholder class actions is the extent to which the shareholder has to prove reliance on the alleged wrongful conduct. In De Bortoli Wines Pty Ltd v HIH Insurance Ltd (in liquidation) [2012] FCAFC … Read More

In the past several months we have seen a number of actual and proposed changes to legislation that will affect participants in the construction industry.  In the attached bulletin, we briefly examine changes to the Home Building Act 1989 (NSW) … Read More

The NSW Court of Appeal decision of Woolworths Ltd v Strong [2010] NSWCA 282 had provided some welcome relief to occupiers and their insurers by raising the evidentiary burden imposed on plaintiffs to establish a causal connection between a defendant’s … Read More