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Searching Content indexed under Trials & Appeals & Compensation by DLA Piper Australia ordered by Published Date Descending.
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Case Study: John Grimes Partnership Limited v Gubbins [2013]: remoteness of damage
A third party in a property development can be held liable for damages due to a fall in market values because of delay.
Australia
28 Sep 2013
2
Proportionate liability: Vella decision overturned by Australian High Court
The decision provides much needed guidance to those seeking to rely on proportionate liability protections in Australia.
Australia
12 Apr 2013
3
The ACT Supreme Court Blitz: a selection of cases by Sidis AJ
This is a snapshot of selected judgments by Sidis AJ handed down in the ACT Supreme Court during the 2012 Civil Blitz.
Australia
8 Dec 2012
4
Propell National Valuers (WA) Pty Ltd V Australian Executor Trustees Limited [2012] FCAFC 31 - liability of valuers
It is inappropriate for an expert retrospective valuer to take account of sales subsequent to the relevant valuation date.
Australia
22 Jun 2012
5
Swings and Round Abouts of Proportionate Liability
2011 saw continued judicial consideration and steps toward more nationally consistent proportionate liability laws.
Australia
 
1 Mar 2012
6
More Trips Less Stumbles in Litigation
Courts have reverted to a stricter interpretation of civil liability legislation, which may also provide more certainty.
Australia
29 Feb 2012
7
From The International Desk
Kenge Mansur v Sahar Zion Insurance Co Ltd (CA Haifa 4600/07) considered the application of a prior known circumstances exclusion and payment of defence costs under a directors and officers (D&O) insurance policy
Australia
13 May 2009
8
The Power To Call On Bank Guarantees
Bank or performance guarantees are critical in the risk allocation between parties to construction contracts.
Australia
3 Nov 2008
9
Liability Of Sporting Bodies & Players
Two recent NSW decisions further clarify the liability of sporting bodies and participants for injuries sustained in the course of play.
Australia
15 Apr 2008
10
Construction Update - Can Security Of Payment Legislation Operate Down The Contractual Chain?
A question that is frequently asked is whether the "Building and Construction Industry Security of Payment Act" 1999 (NSW) (the Act) or the "Building and Construction Industry Payments Act" 2004 (Qld) can operate down the contractual chain.
Australia
3 Jul 2007
11
TMC Bulletin - May 2007
The privacy of Jane Doe - The Australian High Court’s decision in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd opened the possibility of the development of a common law right to privacy in Australia.
Australia
 
25 May 2007
12
Harrington-Smith On Behalf Of The Wongatha People v State Of Western Australia (No 9) [2007] FCA 31
On 5 February 2007 His Honour Justice Lindgren of the Federal Court handed down his judgment in respect of eight overlapping claimant applications for determinations of native title under the Native Title Act 1993.
Australia
8 Feb 2007
13
When An Administrator Or Liquidator’s Casting Vote Does Not Count
On 8 August 2006, a New South Wales court found that an administrator could not use his casting vote to pass resolutions for the approval of his own fees, being resolutions from which he stood to financially benefit.
Australia
22 Sep 2006
14
Tort Law Reform - The Final Chapter
The tort law reform process in Australia is now complete with the commencement of the Trade Practices Amendment (Personal Injuries and Death) Act 2006 (Cth) ("the Amendment Act"). Proceedings for personal injuries and death are no longer permitted under the consumer protection provisions of Part V, Division 1 of the Trade Practices Act 1974 (Cth) ("the TPA"). Part V, Division 1 of the TPA includes section 52 which contains the well-known prohibition on misleading or deceptive conduct.
Australia
12 May 2006
15
Employment Update: April 2006 - Employees Moving On?
The importance of double-checking your employment contracts and having a sensible notice period in place.
Australia
20 Apr 2006
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