Civil Proceedings Bill 2010
Thursday, October 21st, 2010Please Login to view this Content.(Not a member? Join Today!)
Archive for the 'Commercial Law' Category
InHouse lawyer and legal professional privilege
Thursday, October 14th, 2010Dye v Commonwealth Securities Ltd (No 5) [2010] FCA 950 Catchwords: PRIVILEGE – legal professional privilege – whether in-house lawyer is an independent legal adviser – nature of requirement of independence – in-house lawyer independent and communications with him capable of being privileged – Rich v Harrington distinguished and questioned. Issue: Legal professional privilege in [...]
Can silence be misleading?
Friday, October 8th, 2010Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31 Allens Arthur Robinson The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins (view CV) and Law Graduate [...]
Effective exercise and discharge of an insurer’s payment obligations
Wednesday, September 15th, 2010Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 Allens Arthur Robinson A recent Queensland Supreme Court judgment1 is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it [...]
Room with a view: avoiding alleged misrepresentation in developments
Tuesday, September 14th, 2010Mirvac Queensland Pty Limited v Holland & Anor [2010] QSC 330 and Mirvac Queensland Pty Ltd v Tyan Pty Ltd ATF Tavakol Investment Trust [2010] QSC 333 Allens Arthur Robinson Two recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers [...]
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill – Proclamation Dates
Friday, August 27th, 2010Please Login to view this Content.(Not a member? Join Today!)
Civil Aviation (Carriers’ Liability) Act 1959 (Cth) and summary judgment – “accident”
Wednesday, August 25th, 2010Please Login to view this Content.(Not a member? Join Today!)
Hearsay and proving delegation
Monday, August 16th, 2010Please Login to view this Content.(Not a member? Join Today!)
Standard or indemnity costs
Friday, August 13th, 2010Please Login to view this Content.(Not a member? Join Today!)
Calderbank Offer – whether indemnity costs should be ordered
Thursday, August 12th, 2010Please Login to view this Content.(Not a member? Join Today!)