191-200 of 306 results
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
High Court examines powers of responsible entities
The High Court has reaffirmed the powers of a responsible entity are ultimately derived from the scheme's constitution, but the exercise of those powers is constrained by the statutory and fiduciary duties imposed on the responsible entity. ...
Public authorities - reduced protection against negligence
In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
Supreme Court decision limits the scope of landholder duty in Queensland
The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
Proposed reforms to staged development applications in NSW
An amendments to the planning legislation has been proposed by the NSW government to provide certainty of outcome for the public Partner 'Paul Lalich senior associate Dennis Smith and Law Graduate James Higgins report. ...
Competition news
In Touch looks at what's been happening in Competition this month and what it means for your business ...
Bested by 'best method' requirement
Australias unique statutory best method requirement continues to get the better of patent applicants and patentees Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at ...
Employment & Safety
In this issue we look at the Fair Work Commissions support for unpaid domestic violence leave and casual conversion clauses an unfair dismissal following a breach of a zero tolerance drug and alcohol policy proposed WHS amendments in Queensland and another enterprise agreement is terminated ...