In-house counsel duties under the spotlight: ASIC v Bekier
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
Who is to blame in single vehicle accidents? Guidance on blameless accident provisions
Drivers in single vehicle accidents may bring a claim under the blameless accident provisions of the Motor Accidents Compensation Act 1999 (NSW). By KAREN BULLUSS.
By Karen Bulluss - 1 min read
Supply chain accountability: how far does responsibility extend? Recent enforcement outcomes in the trolley collecting industry
There are significant benefits for a company at the top of a supply chain in taking responsibility to ensure that contracts throughout the supply chain…
By Janine Webster, Reshma Bargon and Megan Carter - 2 min read
Australian consumer law: false or misleading extended warranties representations
The decision in ACCC v Fisher & Paykel Customer Services [2014] FCA 1393 provides a useful reminder to businesses of their obligations under the Australian Consumer Law (ACL) in…
By Catherine Bembrick - 2 min read
Assisting the ‘missing middle’: funding the costs of litigation
As reflected in the Government’s recent Productivity Commission Inquiry Report, ‘access to justice’ in civil litigation, is frequently limited to ‘big business’, high net worth…
By Sarah Hawksworth - 3 min read
Agency, fraud and defeasibility of title: when can a registered interest in land by rendered defeasible?
The High Court in Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2 has affirmed the circumstances in which the ‘fraud’ exception to indefeasibility of…
By Anthony Lo Surdo SC and Jocelyn Williams - 2 min read
Professional indemnity policy: what conduct is caught by the dishonesty exclusion?
Lawcover’s professional indemnity insurance policy indemnifies solicitors against civil liability for claims arising from the provision of legal services. By SIMONE HERBERT-LOWE.
By Simone Herbert-Lowe - 2 min read
Ethical dilemmas: some FAQs March 2015
The Ethics Committee and Department of the Law Society provides guidance on ethical issues to all practitioners.
By The Ethics Committee and the Ethics Department of the Law Society of NSW - 2 min read
Recent application of the advocates immunity doctrine
Young v Hones [2014] NSWCA 337 and White v Forster [2014] NSWSC 1767, illustrate that advocates’ immunity can be a basis to seek summary dismissal of a claim…
By Mark Wang - 2 min read
Identifying concurrent wrongdoers: the proportionate liability regime in practice
Given the reach of the proportionate liability regime, it is imperative that practitioners are able to identify when the regime applies, and to whom. By…
By Amy Munro - 2 min read
Tweets, texts, forged emails and changing webpages: emerging issues and practical examples (part two)
The first article of this two-part series considered general admissibility issues relating to electronically stored information (ESI) under the Evidence Act NSW and tips to overcome objections….
By Julie Soars and Carmel Lee - 1 min read