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Searching Content indexed under Professional Negligence by Clayton Utz ordered by Published Date Descending.
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1
Legal ethics: personal misconduct isn't professional misconduct, is it?
The seminar on ethics discusses how a lawyer's personal conduct can affect his or her professional standing.
Australia
22 Sep 2013
2
The High Court talks sense about proportionate liability
The decision in the Hunt & Hunt case mean that a court is more likely to find that defendants are concurrent wrongdoers.
Australia
20 Jul 2013
3
Environmental Consultant Liable for Providing "Incorrect Advice"
In a first for NSW, an environmental consulting firm, Orogen Pty Ltd, and its director have been found guilty of an offence under the National Parks and Wildlife Act. Although neither Orogen or the director actually committed the acts which led to the damage to the habitat of a threatened species (koalas), they were liable for giving incorrect advice (Gordon Plath of the NSW DECC v Fish; Gordon Plath of the DECC v Orogen Pty Ltd [2010] NSWLEC 144).
Australia
12 Sep 2010
4
Octaviar: Application for Special Leave to Appeal to High Court Granted
In our Alert of 16 October 2009 discussed the application for special leave to the High Court in respect of the Queensland Court of Appeal's judgement in Re Octaviar Ltd (No 7) [2009] QCA 282. This was the appeal from the decision of Re Octaviar Ltd; Re Octaviar Administration Pty Ltd [2009] QSC 37.
Australia
22 Mar 2010
5
Expertly Unqualified - Warning On Expert Evidence
Lowe was a partnership, operating an interstate transport business carrying goods by truck along the east coast of Australia.
Australia
27 Apr 2009
6
Pan Pharmaceutical’s Representations Misleading And Deceptive But Not Negligent
A failure to meet ongoing supply and quality assurance may constitute misleading and deceptive conduct.
Australia
8 Apr 2009
7
Third Wave Asbestos Claim
A manufacturer’s failure to warn has led to a finding of negligence.
Australia
7 Apr 2009
8
Sloppy Pleadings, Inadequate Evidence And The Relevance Of A Lack Of Risk Management Systems
Pleading a claim correctly is important and courts will carefully consider such issues, even if it does not affect the ultimate result.
Australia
7 Apr 2009
9
Contributory Negligence Post-Tort Law Reform
A finding of contributory negligence still turns on a factual investigation of whether the plaintiff contributed to his or her own loss.
Australia
7 Apr 2009
10
Who´s Afraid Of The Plaque? Did "Fear For The Future" Claims In Australia Just Get Harder?
The developing area of "fear for the future" claims will remain a difficult, though not impossible, one for claimants.
Australia
8 Aug 2008
11
What Do You Know - And Should You Have Known It? Exclusion Clauses And PI Insurance
Prospective insureds under professional indemnity policies are often asked about "known circumstances" when applying for cover - but what is a "known circumstance"?
Australia
7 Aug 2008
12
Lady Luck Shines Light On Proportionate Liability
Contract claims can be apportionable claims (despite an apportionable claim being one which arises "from a failure to take reasonable care").
Australia
5 Aug 2008
13
Industrial Manslaughter
In an illustration of an extreme example of recklessness and negligence in relation to the health and safety of workers, four workers died after being hit by a runaway trailer on a railway in Cumbria, United Kingdom in February 2004.
Australia
12 Jul 2006
14
Enforceable Undertakings - An Alternative For WH&S Enforcement
On 1 June 2003, the Queensland Government introduced a new enforcement mechanism under the Workplace Health and Safety Act 1995 - the enforceable undertaking.
Australia
12 Jul 2006
15
Victorian Employers May Be Fined If Smoking Occurs In Enclosed Workplaces
On 1 March 2006, the Tobacco Act 1987 (Vic) was amended to require that enclosed workplaces in Victoria be smoke-free.
Australia
11 Jul 2006
16
Managing Conflicts of Interest in Financing Transactions
In financing transactions, crossing the conflicts minefield requires the use of the right tools to identify potential issues and experienced guides to help you navigate the right course of action.
Australia
30 Jun 2006
17
Industrial Manslaughter
In an illustration of an extreme example of recklessness and negligence in relation to the health and safety of workers, four workers died after being hit by a runaway trailer on a railway in Cumbria, United Kingdom in February 2004.
Australia
1 Jun 2006
18
Landmark US Sex Discrimination Case Settled
Recent sex discrimination cases in the US and the UK have received widespread press coverage in Australia. What were they all about, and could this happen in Australia?
Australia
 
28 Oct 2004
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