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Searching Content indexed under Trials & Appeals & Compensation by Colin Biggers & Paisley ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
Planning and Environment Court in Queensland awards costs after relevant development application is withdrawn
The Court saw no reason to deny the applicants a favourable costs order and ordered the respondent to pay their costs.
Australia
13 Jun 2018
6
Planning and Environment Court in Queensland fines campground operators for contempt of court for continued unlawful use of land
Court orders required the respondents to cease providing temporary accommodation for campervans and tents on the land.
Australia
13 Jun 2018
7
Land Court of Queensland found that making a vigorous case is not inconsistent with the duties of a model litigant
The Court found that the Valuer-General's conduct was neither frivolous nor vexatious nor unmeritorious as alleged.
Australia
13 Jun 2018
9
Land Court of Queensland refuses to strike out one claim for compensation but prevents another after finding an estoppel
Interesting Queensland case involving a claim for compensation, development offence, abuse of process and estoppel.
Australia
12 Jun 2018
10
Key considerations for insurers when considering renewal proposals and asserting non-disclosure
This article focuses on the Court's reasoning in relation to non-disclosure, and lessons to be drawn from the decision.
Australia
12 Jun 2018
11
Queensland Planning and Environment Court awards costs against the Council following an unsuccessful joinder application
The Court determined that an application to join Queensland Rail to the proceedings did not advance the public interest.
Australia
1 Jun 2018
12
Queensland Supreme Court found that the usual rules as to costs applied, despite the public interest character of the proceeding
The Court decided that there was no reason to depart from the usual order as to costs or to reduce the quantum of costs.
Australia
1 Jun 2018
13
Queensland Land Court dismisses application for costs after determining conduct did not bear the hallmarks of frivolity or vexatiousness
The Court found it was reasonable for the Appellant to withdraw from the proceedings after a re-evaluation of prospects.
Australia
1 Jun 2018
14
Redress scheme moves closer to reality
Article discusses the Redress Scheme that provides avenue for redress for survivors of institutional sexual abuse.
Australia
2 May 2018
15
The onerous role of being an occupier
This case was a strong reminder for occupiers of their duty to provide and maintain safe premises for all users.
Australia
2 Apr 2018
16
Section 215 Life Insurance Act – can costs be recovered in an application to discharge the liability of a life insurer?
Costs should be monitored even in the case of a section 215 early payment to the court and discharge of liability.
Australia
14 Mar 2018
17
Court finds loss-making opportunity does not preclude awardof substantial damages
This case highlights considerations to succeed in an award of substantial damages for loss of a commercial opportunity.
Australia
10 Jan 2018
18
Queensland Land Court dismisses appeal concerning valuation of land
The Appellant had not discharged the onus of proof that there was an error in the Valuer-General's original assessment.
Australia
11 Oct 2017
19
Queensland Land Court dismisses an appeal for inadequate evidence and a valuation based on a false assumption
The Court held that the landowner failed to discharge its onus of proof with respect to any of its grounds of appeal.
Australia
9 Oct 2017
20
Group members not prevented from raising individual defences in subsequent actions for debt recovery
The Anshun principle of estoppel does not apply to prevent members raising individual defences in subsequent proceedings.
Australia
9 Jan 2017
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