Searching Content indexed under Trials & Appeals & Compensation by Norton Rose Fulbright Australia ordered by Published Date Descending.
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When is it reasonable to reject a costs-protective offer? Trouble on the travelator
The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
31 Oct 2017
Victorian Government considers a review of coronial investigation processes
The Coronial Council of Victoria has been asked to review the appeals and reopening processes for these investigations.
18 Oct 2017
The ABCs of legal writing, and the use of capitalisation
The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
17 Sep 2017
Digging through the Mud to see the damage sustained
Be aware that damages for unjustified threats are only recoverable where damage caused is attributable to the threats.
14 Jul 2017
Clarity of circumstances when damages for pure mental harm may be recovered
The High Court held that the respondent could not recover damages for mental harm, despite being owed a duty of care.
28 Jul 2015
Damages on "no-transaction" basis
These recent cases provide some useful guidance on claims for damages made on a 'no-transaction' basis.
25 Dec 2014
Lloyds List Australia - Ernest van Buuren - Limitation of liability, wreck removal and forum
The shipowner sought to recover wreck removal costs for a collision off Malaysia, with no connection with Australia.
25 Aug 2014
20/13 Hankamer & Ors v Brisbane City Council & Anor [2013] QPEC 28: submitter appeal dismissed
This was an appeal against the decision to approve an application for a development permit for 11 multi-unit dwellings.
4 Oct 2013
19/13 Clelland & Ors v Brisbane City Council & Anor [2013] QPEC 27: submitter appeal allowed
This was a appeal against the decision to approve an application for a development permit for a material change of use.
4 Oct 2013
18/13 Serafini v Gladstone Regional Council [2013] QCA 162: leave to appeal refused
The applicant sought leave to appeal to the Court of Appeal against the decision to refuse the development application.
4 Oct 2013
Proportionate liability now to be considered by the High Court
The appeal will be watched closely, as these provisions in NSW are similar to other legislation throughout Australia.
19 Jan 2013
Test cases: are concurrent parties really bound?
A discussion of Wardle v Agricultural and Rural Finance Pty Ltd; Agricultural and Rural Finance Pty Ltd v Brakatselos.
5 May 2012
BAA launches fresh appeal of Competition Commission (CC) divestment order
BAA appealed against the CC order that BAA proceed with the sale of Stansted and one of its Scottish airports.
3 Nov 2011
NSW Supreme Court awards a landholder damages for nuisance caused by stormwater runoff from Council owned drains
Landholder successfully argued that increased stormwater runoff from Council drains created a foreseeable nuisance.
29 Oct 2011
High Court Cautions Against Extrinsic Materials Overshadowing Statutory Text
In a recent migration decision, Saeed v Minister for Immigration and Citizenship (2010) 267 ALR 204, the High Court reiterated that when undertaking statutory interpretation, courts should first exhaust the ordinary rules of statutory interpretation before looking to extrinsic materials. The decision reaffirms that legislative provisions that seek to exclude or codify common law natural justice obligations must do so in "unmistakeable and unambiguous language". Finally, the decision clarifies t
30 Sep 2010
NSW Court of Appeal Finds Local Council Breached its Duty of Care To Intoxicated Dog Walker
Mr Jackson sued Lithgow City Council (Council) alleging that it was the local council having the care and management of the park and, as a result of the Council’s negligence, he had fallen over a low unfenced retaining wall and had fallen down approximately 1.5 metres onto the concrete drain where he was found.
30 Sep 2010
Without Prejudice Privilege in Tribunal Proceedings
A recent decision of the Administrative Appeals Tribunal ("AAT") has confirmed that "without prejudice" privilege applies to proceedings before the AAT. Such communications cannot be relied upon by either party in circumstances where privilege has not been waived and the document is not one that must be produced as part of the Tribunal documents (T-documents) pursuant to s 37(1) of the Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act").
30 Sep 2010
No Abuse of Process in Bringing Second Set of Proceedings With Related Subject Matter
In February, Victoria’s Court of Appealoverturned a decision preventing the Australian Securities and Investments Commission ("ASIC") from bringing a second set of civil penalty proceedings against former AWB Ltd Managing Director, Mr Andrew Lindberg. ASIC brought its appeal after failed attempts to include new allegations with related subject matter into the first set of proceedings.
30 Sep 2010
The Shock Of it All – Police Injury Case Remitted to the Court of Appeal
On 31 January 2003, a passenger train operated by State Rail came off the tracks at high speed near Waterfall Station south of Sydney. Serving members of the NSW Police Force and the appellants in the High Court, Sheehan and Wicks, were among the first to arrive at the scene. All involved in the litigation classed the respondents as "rescuers", and they were confronted with gruesome scenes of death and injury at the site of the derailment. As a result, they claimed to have suffered a recognisabl
30 Sep 2010
The Cost Of Litigating In Person
In the recent case of Von Reisner v Commonwealth (No 2) [2009] FCAFC 172, the Full Court of the Federal Court of Australia affirmed the principles in relation to a self-represented litigant’s entitlement to costs.
20 Aug 2010
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