Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
“A moral affront”: Folbigg’s lawyer slams $2 million payout
Kathleen Folbigg’s long fight for justice has taken another contentious turn, as the Attorney General decided on a $2 million ex gratia compensation payment –…
20 Years of the Military Rehabilitation and Compensation Act
Amid a Royal Commission into Defence and Veteran Suicide, the federal government has announced that the three Acts determining veterans’ compensation would be simplified.
Compensation for the resumption of rural land
With major infrastructure development in rural areas, lawyers should be knowledgeable of the Just Terms Act and what is compensable for resumption of land.
Compensation for land acquisition on a ‘reinstatement’ basis
Some dispossessed owners of land in NSW can now seek compensation for land acquisition on the basis of ‘reinstatement’.
Compensating compulsorily acquired trade-related leases
A new take on the valuation of leasehold interests in resumption of land cases.
Dispossessed business owners see a narrowing of just compensation
A recent decision has narrowed the scope of compensation for many resumed businesses, notwithstanding a clear statutory obligation to ‘justly compensate’ them. By ANDREW BEATTY…
Wrong place, wrong time: compensating victims of terror
Australian victims of overseas terrorist acts and their close family members may be eligible for compensation under the Social Security Act 1991. By STEPHEN TULLY.
Social security preclusion periods and lump sum compensation payouts: the need for reform
The case of Lind and SDSS (2014) AATA 680 demonstrates the difficulty an applicant faces when trying to establish the existence of ‘special circumstances’ to obtain relief…
The latest from the High Court: August 2014
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.