Category: Commercial Litigation & Dispute Resolution
Impartiality and Independence in Expert Evidence
Impartiality and Independence in Expert Evidence A recent Federal Court decision serves as an important reminder to instructing solicitors on how best to brief experts, so as to ensure impartiality and independence …
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Update on a Landlords’ ability to recover outgoings under the Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA)
The Court of Appeal in Western Australia has finally settled an ongoing tension between landlords and tenants regarding the obligations to pay operating expenses As a result of the Court of Appeal’s …
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Children fail in their bid to use litigation to force the Australian Government to address climate change
The reality of climate change should be obvious to anyone living in Australia over the last few years. Deadly floods followed deadly fires, which had followed a devastating drought. Other parts of …
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ESG Litigation – The availability of the Public Examination Power to pursue ESG Claims
A recent decision by the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 (Walton) has significant implications for ESG litigation …
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Contractor or employee? The High Court has changed the law that makes the distinction
On 9 February the High Court of Australia delivered its judgments in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (CFMMEU v Personnel Contracting) and …
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Employer liability for mental harm caused to an employee
An employer owes each employee a duty to take all reasonable steps to provide a safe system of work.1 Where an employee …
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Can the public trust media claims for immunity for investigative journalism?
The answer to this question – NO – was categorically delivered by Justice Rene Le Miere in the Supreme Court of Western Australia in a lengthy defamation trial bought by Dr Jemma …
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Can you contract out of statutory rights? The High Court of Australia’s decision in Price v Spoor [2021] HCA 2021
In its recent decision in Price v Spoor, the High Court of Australia has clarified when a party can “contract out” of its statutory rights. That is, when can a party, by …
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Could accusing a person of having COVID-19 get you in legal trouble?
Recent articles depicting an increase in hostility towards those who are allegedly breaching the coronavirus restrictions raise an interesting question: whether an allegation that a person has COVID-19 is defamatory? This article …
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COVID-19 Template Recovery Deed assisting SMEs working in Defence
The Template Recovery Deed (Recovery Deed) is a document which was recently created to legally bind currently contracted parties with the Commonwealth, who work with the Department of Defence to assist it in providing services during the COVID-19 pandemic.
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