The Supreme Court has overturned a controversial award of damages by VCAT in a sexual harassment matter. In doing so, it has provided guidance on whether an award’s ‘manifest inadequacy’ is a ‘question of law’ and therefore, a basis for appeal, under s 148(1) of the VCAT Act.
Q&A: Increase in civil penalty maximums for contraventions of the Competition and Consumer Act 2010 (Cth)
An overview of recent legislation and case law which has impacted the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law civil penalty regimes.
In Metal Manufactures Pty Ltd v Morton, the High Court has confirmed that set-off under s 553C of the Corporations Act 2001 (Cth) is not available as a defence to a liquidator’s claim to recover an unfair preference.
The High Court has unanimously found that Pt 5.7B of the Corporations Act does not incorporate the “peak indebtedness rule” and has provided guidance as to the proper approach to assessing a “continuing business relationship” for the purposes of s 588FA(3)(a).
When can a statutory authority owe a common law duty of care? What are the key considerations? The High Court’s decision in Electricity Networks Corporation v Herridge Parties addresses these issues and is summarised in this note.
In Built Qld, the Queensland Court of Appeal considered a common type of construction dispute arising under a modified version of AS 4902-2000. It is an illustration of typical issues in cases of this kind.
The claim was for variations, extensions of time and delay damages.
The Full Court of the Federal Court upheld a judgment setting aside NOPSEMA’s decision to approve an environment plan for Santos’s offshore gas drilling project in the Timor Sea. The Court held that traditional owners of the Tiwi Islands, who had not been consulted, had “functions, interests or activities” which may be affected by the project.
The National Credit Code has been interpreted to apply only to credit obtained for residential property purposes when the loan money is to be used directly by the borrower and not where the borrower’s intention was to pass on the loan funds to be used by another person.
The effect of a very significant judgment of the South Australian Court of Appeal is that unless there is an express agreement to the contrary, ordinarily parties to an arbitration agreement will not be subject to the proportionate liability regimes that apply throughout Australia (with the possible exception of the Queensland regime).
Is the fact that a party is a corporation incorporated under the Corporations Act 2001 (Cth) sufficient to bring a proceeding within federal jurisdiction, and thus to deprive VCAT of jurisdiction to hear that matter?
Is there a “minimum requirement” of procedural fairness applicable to all proceedings in a Chapter III court? No, according to a narrow majority of the High Court in SDCV v Director-General of Security  HCA 32.
A judgment of the Court of Appeal on the determination of a preliminary issue whether an insured was entitled to indemnity explores the nature of the insured’s obligation to take reasonable precautions to comply with certain regulations and guidelines.
The County Court of Victoria has introduced a new “Arbitration List”. What does it mean for litigants?
The County Court of Victoria has recently created a specialist Arbitration List to facilitate the voluntary referral of appropriate commercial proceedings to arbitration. How the list works and what this means for litigants is explained below.
Defamation – publication – search engine operators – link provided to third party website containing defamatory material – Google not a “publisher” of defamatory matter by providing a hyperlink to the defamatory article found on a third-party website, in response to a search for Mr Defteros’ name