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Trials & Appeals & Compensation
Bennett & Philp Lawyers
Damages were claimed at common law and under statute - for severe personal injuries caused by the defendant's negligence.
Holding Redlich
An apology may mitigate damages for defamation, but the failure to publish an apology does not increase damages.
Corrs Chambers Westgarth
If no obvious error, applicant may need to provide an opinion on appeal prospects from counsel who was not involved in the trial.
Clyde & Co
Swashplate Pty Ltd v Liberty Mutual Insurance Co (trading as Liberty International Underwriters) [2020] FCAFC 137 (Federal Court of Australia, Full Court).
Carroll & O'Dea
The claim included damages for disappointment and distress for breach of a contract to provide a pleasant holiday.
Ramsden Law
If a plaintiff delays in applying for a freezing order, the defendant may take irrevocable steps to deal with the assets.
Carroll & O'Dea
When trying to interpret the law, one has to look further at the context of the legislation and what it aims to do.
Clyde & Co
On Friday, the Supreme Court of New South Wales approved a joint leapfrog application in the combined ICA/AFCA BI Test Case.
Coleman Greig Lawyers
Whilst Indemnity Cost Orders are uncommon in Family Law matters, there are circumstances where they may be sought.
Clyde & Co
Landlord recovers fully from managing agent for claim by injured tenant for failing to identify obviously defective stairs.
Bennett & Philp Lawyers
This recent decision resulted in a victory for an injured cyclist who took evasive action to avoid a reversing driver.
Clyde & Co
A decision in the Supreme Court of New South Wales challenges the accepted orthodoxy that the applicable date of assessment in a standard form definition total and permanent disablement (TPD)
Clyde & Co
When is a worker's compensation payment not a worker's compensation payment? The answer, according to Western Australian courts, is when it is to be deducted from an award of common law damages.
Turner Freeman
A medical negligence case is a claim for compensation for injuries suffered in the provision of medical service.
Bennett & Philp Lawyers
The professional jockey failed in his personal injuries claim against another jockey, found guilty of careless riding.
Johnson Winter & Slattery
The Corporations Amendment (Litigation Funding) Regulations 2020 (Regulations) were published on 23 July 2020. A copy of them and the Explanatory Statement is available here.
In a unanimous judgement, the High Court found the evidence did not establish guilt to the requisite standard of proof.
Vincent Young
On 29 May 2020, the New South Wales Court of Appeal (Court of Appeal) handed down its decision in C&V Engineering Pty Ltd v Hamilton & Marino Builders Pty Ltd [2020] NSWCA 103.
Davies Collison Cave
In early May, we published an article about the Federal Court of Australia's commitment to conduct hearings by audio visual technology wherever possible during the coronavirus disruption.
Davies Collison Cave
The use of the medicament as it emerges as a product of the manufacturing process for this therapeutic indication, and this indication alone, defines the monopoly of a Swiss-style claim.
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