Month

September 2010
Allens Arthur Robinson The Federal Court has imposed the highest ever penalty for misuse of market power, after Cabcharge Australia Ltd settled with the Australian Competition and Consumer Commission and was fined $14 million for contravening section 46 of the Trade Practices Act. Partner Kon Stellios (view CV), Senior Associate Helen Anness and Lawyer Jess...
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Allens Arthur Robinson In a major change of direction, the US Court of Appeals for the Second Circuit has held that corporations cannot be the subject of actions that allege violations of customary international law under the US Alien Tort Claims Act. Partner Craig Phillips (view CV), Senior Associate Rachel Nicolson and Lawyer Michael Gomm...
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Sykora v Hammer & Anor [2010] QSC 356 CATCHWORDS: TORTS – NEGLIGENCE – ROAD ACCIDENT CASES – LIABILITY OF DRIVERS OF VEHICLES – FAILURE TO LOOK-OUT – PEDESTRIAN ACCIDENTS – where the plaintiff claims damages for personal injuries sustained in a motor vehicle accident – where the plaintiff was aged 2 years 8 months at...
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Blundstone v Johnson & Anor [2010] QCA 258 Issue: whether indemnity costs should be allowed following a Calderbank offer. I refer to my earlier posting wherein leave to appeal was refused in this matter. Chesterman JA and Atkinson J concurred with Holmes JA, who heard the appeal refused indemnity costs on the basis it did...
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Norton Rose Introduction Facts The Employer’s arguments The decision at first instance The Full Bench decision Lesson for employers Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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 Thornton v Lessbrook Pty Ltd (No 2) [2010] QSC 363 Issue: Whether indemnity costs should be awarded following offers made purportedly in accordance with the Uniform Civil Procedure Rules 1999 (“UCPR”) and informally for an amount of $300,000.00, 40% less than the judgment. I refer to my earlier posting regarding the decision. Applegarth J refused...
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Babcock Australia Pty Limited v Bradford Insulation Industries Pty Limited [2010] NSWDDT 12 Issue Whether the claims resolution process in the Dust Diseases Tribunal Regulation 2007, applied only to the cross-claim in original proceeding brought by plaintiff, and does not apply to the fresh proceedings brought by statement of claim (by a judgment defendant in...
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State of Queensland v WorkCover and Ors S.110(3) Workers Compensation and Rehabilitation Act 2003 (“WCRA”) – Whether the entitlement to compensation ends on the death of the worker (and cannot be transferred to the executor) in circumstances where the application for compensation had been lodge but not accepted at the date of death of the...
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Mansouri & Anor v Aquamist P/L [2010] QCA 209 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that the entitlement to serve a payment claim on an entity who ‘may be liable’ to make payment does not – and was never intended to – enlarge the operation of the legislation to allow payment...
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RCI Pty Ltd v Commissioner of Taxation [2010] FCA 939 Catchwords: TAXATION – appeal from objection decision of the Commissioner – capital gains tax – Part IVA Income Tax Assessment Act 1936 – whether applicant entered into scheme for the dominant purpose of obtaining a tax benefit TAXATION – Part IVA – whether either of...
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