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Searching Content indexed under Litigation, Mediation & Arbitration by Colin Biggers & Paisley ordered by Published Date Descending.
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1
In-flight dehydration not an accident entitling compensation under Montreal Convention 1999
Emirates found not liable for injuries of thirsty passenger.
Australia
13 Nov 2019
2
Industrial relations class actions - a funders cost to bear
Recent FC decision requires litigation funders to provide security for costs in industrial relations class actions.
Australia
11 Nov 2019
3
The art of assessing future quantum in personal injury cases - an appellate review
This appellate approach re-affirms a reluctance to alter a primary judge's assessment of quantum in personal injury cases.
Australia
9 Sep 2019
4
Douglas v Morgan: a reminder for insurers to be clear on the dominant purpose of communications
There was no legal professional privilege over the Investigation Report as dominant purpose was to determine liability.
Australia
19 Aug 2019
5
Alize decision highlights duty of ship owners to ensure seaworthiness
The inadequate passage plan caused the casualty and owners failed to exercise due diligence to make the vessel seaworthy.
Australia
19 Aug 2019
6
Admissibility of expert opinion evidence
What happens when the expert ventures outside the realm of specialised knowledge?
Australia
14 Aug 2019
7
Chasing tail: the materialisation of an obvious risk in Carter v Hastings River Greyhound Racing Club
This case discusses when a risk will be "obvious" within the meaning of section 5L of the Civil Liability Act 2002 (NSW).
Australia
12 Aug 2019
8
Employment class actions and litigation funding - feast or famine?
Employers should not panic, but rather, proceed with caution and take advice on how to protect against class action risk,
Australia
10 Jun 2019
9
High Court confirms limitation of legal rights for claims for psychiatric harm by non-passengers in aviation
The High Court examines entitlements to claim by relatives of Parkes Shire Council officer killed in helicopter crash.
Australia
10 Jun 2019
10
Consecutive owners of cargo: who holds title and the right to sue?
Article explains that the party who retains title or holds the bill of lading has the right to sue.
Australia
4 Jun 2019
11
Why did a negligence claim against solicitors fail?
Recent case regarding negligence in handling a will dispute reminds us of the standard of duty of care for lawyers.
Australia
14 May 2019
12
An obvious risk may not require remedial action but managing that risk is still key
Court of Appeal confirms that aged care provider did not breach duty of care in trip and fall case.
Australia
3 Apr 2019
13
What will be the effects of the Civil Liability (Institutional Child Abuse) Amendment Bill 2018?
The purpose of this Bill is to bring Queensland's response to institutional child abuse into line with the other states.
Australia
4 Feb 2019
14
Setting aside subpoenas in the context of notices to provide information and records: Port Macquarie-Hastings Council v Mansfield
Subpoenas in criminal proceedings issued based on knowledge from a section 9.22 notice may be at risk of being set aside.
Australia
12 Dec 2018
15
Montreal Convention time bar proves fatal to airline passengers claim
Be conscious of the time limitation period and take appropriate steps to ensure that the correct defendant is sued in time.
Australia
7 Nov 2018
16
Queensland Land Court refuses an application for disclosure of a document expert
The Court found that the Applicant had failed to identify the relevance of the requested documents to a matter in issue.
Australia
14 Oct 2018
17
Defendants take Hart in recent Medical Panel appeals
Given unique role of Medical Panel, parties should analyse whether they have sufficient grounds for appealing a determination.
Australia
3 Oct 2018
18
Must a claim for airline passenger compensation satisfy the state legislative threshold?
Considerations of the interplay between state & federal laws will vary depending upon the state in which a claim is brought.
Australia
3 Oct 2018
19
Assessment of damages for lost opportunity in aviation claim
The lawyers had breached their duty of care, so the prime issue was the applicable law for the assessment of damages.
Australia
2 Jul 2018
20
Planning and Environment Court declares non-compliance due to electronic error during public notification
The Court's discretion to deal with non-compliance had been preserved, so the submissions continued to be relevant.
Australia
13 Jun 2018
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