By: Andrew Moore and Marcus Saw Absolute Tiling Solutions Pty Ltd v Certain Underwriters at Lloyds At a glance The decision of the Supreme Court of New South Wales in Absolute Tiling Solutions Pty Ltd v Certain Underwriters at Lloyds [2024] NSWSC 364 is a useful example of how a court grapples with the design […]
By: Cain Jackson, Edward O’Brien and Samantha Younane Introduction Almost 3 years after the unfair contract terms (UCT) regime1 was expanded to “consumer”2 and “small business”3 insurance contracts, the decision of Australian Securities and Investments Commission v Auto & General Insurance Company Limited4 provides some guidance and clarity as to how the UCT provisions operate in an insurance context. […]
By: Richard Leder OAM, Chris Lawrance and Lauren Davis Bird v DP (A Pseudonym) At a glance In 2020, DP commenced proceedings claiming damages arising from sexual assaults committed by a Catholic Priest, Father Bryan Coffey, at the home of DP’s parents in Port Fairy in 1971. At first instance, Justice Jack Forest held that […]
By: Richard Leder OAM, Blake Pappas and Deniz Coskundag AB (A Pseudonym) & Anor v Independent Broad-Based Anti-Corruption Commission [2024] HCA 10 At a glance On 13 March 2024, the High Court of Australia delivered a judgment involving IBAC’s obligations under s 162(3) of the IBAC Act 2011 (Cth) regarding the disclosure of “adverse material”. […]
By: Matt Booth, Peter Leman and Isaac Black At a glance Lady Hale of the United Kingdom Supreme Court once warned that while the common law is a “dynamic instrument” able to develop and adapt, this too invites a “danger of unbridled and unprincipled growth to match what the court perceives to be the merits […]
By: Antony Holden, Michael Cavanaugh and Phoebe Nikolaou At a glance On 7 February 2024, the Supreme Court of New Zealand released its highly anticipated judgment in Smith v Fonterra. It addressed whether a private civil claim against companies seeking to address climate change could continue. This is an important decision for companies and their […]
By: Georgie Austin, Jacquie Goodwin, Blake Pappas, and Rhyse Collins At a glance In one of three recent judgments from the Victorian Supreme Court concerning ‘preliminary evidential issues’ surrounding Tony Mokbel’s appeal against conviction, Her Honour Fullerton J held that the ‘use immunity’ contained within s 40(1) of the Inquiries Act 2014 (Vic) applies so […]
By: Raisa Conchin At a glance In April 2019, the Australian Communications and Media Authority (ACMA) commenced proceedings against Balaska Pty Ltd (Balaska), a solar energy business, and its director, James McLennan, in the Federal Court of Australia. ACMA alleged that Balaska had contravened the Do Not Call Register Act 2006 (Cth) and that the […]
By: Chris Spain and Petra Kolovos At a glance Victoria’s workplace manslaughter laws came into effect in 2020. The laws carry a maximum penalty of 25 years’ jail for individuals and fines in excess of $19 million for companies. On 19 February 2024, the Victorian Supreme Court delivered the first sentences under the workplace manslaughter […]
By: Charu Stevenson and Hamshini Sathiyamoorthy The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWCA 301 At a glance From June 2020, section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) introduced a new duty of care on those who carried out “construction work”. This article considers […]
