Case Alerts - Page 4 of 16

Case Alerts

Carrier found not liable for invasive examinations of passengers at Doha Airport

By: Aisha Lala, James Cooper and Merinda Stewart At a glance Last month, the Federal Court of Australia (FCA) handed down a judgment1 examining the liability of Qatar Airways, among others, for the invasive examinations of several Australian passengers at Doha Airport in October 2020, following the discovery of a newborn baby abandoned in the […]

By : Anja Vogel May 14, 2024 Comments Off

Case Alerts

Slipped or tripped? Plaintiffs must prove what actually happened

By: Jonathan Maher and Arriane Garcia Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429 At a glance In the decision of Alan Bernard McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429, the County Court of Victoria has […]

By : Anja Vogel May 1, 2024 Comments Off

Case Alerts

A PI case study in design flaws, prior circumstances and non-disclosure

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 : Anja Vogel Apr 22, 2024 Comments Off

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

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