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Searching Content indexed under Litigation, Mediation & Arbitration by Gilchrist Connell ordered by Published Date Descending.
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Defamation and corporate Facebook pages – a company can be deemed the publisher of third-party troll comments
The decision has implications as to how companies should manage their Facebook pages to avoid possible defamation claims.
Australia
5 Jul 2019
2
Current uncertainty regarding the significant injury threshold exception in Victoria
Uncertainty as to whether the threshold for significant injury applies to liability claims relating to intentional acts.
Australia
24 Apr 2019
3
To expect class action reform – ALRC report released
The basis for the Inquiry was the increased prevalence of class action proceedings, and the role of litigation funders.
Australia
4 Feb 2019
4
Do the Victorian Wrongs Act thresholds for non-economic loss apply to ACL claims?
A claimant in Victoria is precluded from claiming non-economic loss damages unless they suffer a 'significant injury'.
Australia
4 Feb 2019
5
Publishers up for $300,000 for publishing defamatory newspaper articles actuated out of malice
The award of damages took into account that syndication increased the scope of publication and resulting hurt and harm.
Australia
17 Dec 2018
6
First impressions of a trial judge still count in the Appeal Court
An appellate Court that is asked to disregard any adverse impressions of the trial judge has not seen the testimony.
Australia
24 Jul 2018
7
Assessing reasonable measures is no childs play: applying section 5B of the Civil Liability Act 2002 (NSW) to allegations of breach
The overarching principles of negligence are based on what a reasonable person, not a perfect person, would have done.
Australia
13 Jul 2018
8
Could limitation clauses in construction projects be unenforceable?
Recent decision creates uncertainty for parties involved in construction & infrastructure projects.
Australia
27 Jun 2018
9
Obvious risks and trip hazards – The Thistle Company of Australia Pty Ltd v Bretz & Tam Faragher & Associates Pty Ltd [2018] QCA 6
Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.
Australia
20 Mar 2018
10
Limelight Issue No.86: Section 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)
Recent FC decision granted leave to shareholders of a company in liquidation to proceed directly against the company's insurers.
Australia
28 Feb 2018
11
Limelight Issue No 78 – Revisiting delegation of duties and vicarious liability by occupiers
This SA decision reaffirmed that, with proper foresight, commercial occupiers can protect themselves from liability.
Australia
1 Nov 2017
12
Limelight No 77: How much evidence is needed to dislodge the evidence of an otherwise credible plaintiff?
In many personal injury cases, the plaintiff may be the sole source of evidence of the circumstances of an accident.
Australia
6 Oct 2017
13
A case of a balcony collapse: who is to blame?
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Australia
21 Sep 2017
14
Limelight Issue No. 73: Slip and fall in the supermarket
If a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.
Australia
8 Sep 2017
15
Limelight Issue No. 71: proportionate liability defence in a dependency claim
The defendant could not rely on the defence in the dependency claim made under the Compensation to Relatives Act 1987.
Australia
25 Aug 2017
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