Rectification vs diminution: NSWCA clarifies consumer law damages
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
Berry v CCL Secure: new High Court guidance on counterfactual analysis
A closer look at the recent High Court decision emphasising the importance of precise pleading of counterfactuals.
The nuts and bolts of the new NSW CTP scheme
The Motor Accident Injuries Act 2017 (NSW), which commenced on 1 December 2017, will only apply to motor accidents occuring after its commencement. By TIM…
Limitation periods for child abuse actions retrospectively abolished
Limitation periods for personal injuries damages claims arising from child abuse have been retrospectively abolished. By KERRY SMITH and ABIGAIL TILSBURY.
Court recognises indirect or market-based causation in shareholder claims
Market-based causation as a species of indirect causation is available in an action by shareholders seeking compensation for misleading statements made to the market by…
Don’t let your claim for damages perish
In Perisher Blue Pty Limited v Nair-Smith, the NSW Court of Appeal considered whether it was necessary to determine the precise source of a plaintiff’s…
The latest from the High Court: June 2014
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.