Case Alerts - Page 4 of 15

Articles, Case Alerts

Federal Court hands down the first unfair contracts term decision for insurance contracts

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 : Anja Vogel Apr 18, 2024 Comments Off

Case Alerts

High Court considers complex questions likely to impact future institutional abuse decisions

By: Richard Leder OAM and Chris Lawrance 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 the Diocese was […]

By : Anja Vogel Mar 21, 2024 Comments Off

Case Alerts

High Court confirms material IBAC must provide to safeguard the fairness of adverse findings

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 : Anja Vogel Mar 20, 2024 Comments Off

Case Alerts

IAG New Zealand Ltd v Degen – A big win for insurers as the High Court overturns the Tribunal

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 : Anja Vogel Mar 19, 2024 Comments Off

Case Alerts

Litigation against climate change contributors to continue in New Zealand

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 : Anja Vogel Mar 1, 2024 Comments Off

Case Alerts

The underbelly of s 40 of the Inquiries Act exposed in Re Mokbel (No 2) [2024] VSC 39

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 : Anja Vogel Mar 1, 2024 Comments Off

Articles, Case Alerts

New guidance around accessorial liability for directors and officers

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, in the Federal Court of Australia. ACMA alleged that Balaska had contravened the Do Not Call Register Act 2006 (Cth) and that the director had […]

By : Anja Vogel Feb 29, 2024 Comments Off

Case Alerts

First company and director convicted under Victoria’s workplace manslaughter laws

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 : Anja Vogel Feb 20, 2024 Comments Off

Case Alerts

New duty of care: is Pafburn a knockout blow for proportionate liability defences?

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 […]

By : Anja Vogel Jan 15, 2024 Comments Off

Articles, Case Alerts

Class Actions: Ones to Watch – The next step for settlement CFOs – the Full Court is set to consider solicitor CFOs next year

By: Amanda Beattie and Dylan O’Keefe R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question) [2023] FCA 1499 The Federal Court has this week reserved a question to be determined by the Full Court as to whether the Court has the power to grant a CFO in […]

By : Anja Vogel Dec 1, 2023 Comments Off

Search