Australia: Court Procedure

The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.

The Court had to determine who paid the costs in an essentially unsuccessful claim by Star Casino against a builder who then cross claimed against an architect where various indemnity costs offers were made.

Domestic Violence Orders in Queensland are serious legal protections that many people don't fully understand until they're directly involved. Whether you've been served with a DVO application or you're considering...

This article sets of the considerations Defendants should weigh up in an early serious harm hearing.

New Practice Note seeks to provide a streamlined, efficient and cost-effective case management process for applications.

Employers that find themselves embroiled in litigation should always seek legal advice when considering costs orders in this jurisdiction.

Federal Court approved a costs agreement with solicitors extending over three months, and a confidentiality order over the agreement.

The Limitation Act provides entitlement to sue for damages for historic acts if a person can prove they suffered serious physical abuse as a child.

The identification of the interest that is said to be infringed is critical to the application of limitation periods to negligence claims causing economic loss.