Court Rejects Common Fund – for now

Recent data out yesterday showed that 33 new class actions were launched in the 12 months to June 2015, a significant increase on prior years. The threat of a class action is now a leading risk facing Australian companies and there are a plethora of claimant law firms and litigation funders competing to issue the […]

High Court revisits Common Law Duty of Care in the Exercise of Statutory Powers

On 12 November 2014, the High Court handed down its decision in Hunter and New England Local District Health v McKenna & Simon [2014] HCA 44, which revisits the circumstances in which a common law duty will exist alongside obligations created by statute. The case involved tragic circumstances where a man with a history of […]

The architect’s administration role under a spotlight: Robinson v Kenny

In the recent Federal Court decision of Robinson v Kenny [2014] FCA 988, her Honour Justice Farrell considered the conduct of an architect in respect of representations made concerning the price (or likely price) of a client’s building works. Her Honour found that the architect engaged in misleading or deceptive conduct when the building works […]

Relief for builders and their insurers! Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288

In a decision that will no doubt be greeted with relief by builders and their insurers, on 8 October 2014 the High Court of Australia delivered its much awaited decision in Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288 [2014] HCA 36. The High Court has determined that there is no common […]

High Court Clarifies section 54

Although 30 years old this year, section 54 of the Insurance Contracts Act 1984 still requires its application to be determined by the High Court. In Maxwell v Highway Hauliers Ltd [2014] HCA 33 the High Court has resolved the apparent tension between 2 different Court of Appeal decisions in Maxwell and Johnson v Triple […]

Brirek Industries v McKenzie Group Consulting

In breaking news, in a decision handed down on 6 August 2014, the Victorian Court of Appeal has determined that, pursuant to section 134 of the Building Act 1993 (Vic), the applicable limitation period for commencing a “building action“, whether in contract or in tort, is 10 years from the date that the relevant occupancy […]