Month

February 2011
Streeter v Western Areas Exploration Pty Ltd [No 2] [2011] WASCA 17 The fiduciary duties of directors are comprehensively reviewed by the WA Court of Appeal. I refer to the judgment of Murphy JA at paragraphs 364 – 454. Brisbane Barrister – David Cormack
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Horne v Gilshenan & Luton [2010] QDC 491 It began in the taxi feeder rank at Brisbane airport in October 2002 when the driver was enjoying a lull and was eating a banana at the time he stepped into a hole in the kerb and injured his right shoulder. Read more of the article. Reproduced...
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Oakwood Constructions Pty Ltd v Wyndon Properties Pty Ltd [2010] QCA 323 Allens Arthur Robinson The Queensland Court of Appeal has confirmed that a builder can claim compensation under the Property Law Act 1974 (Qld) if it made lasting improvements to land in the genuine but mistaken belief that the land was owned by the...
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Debate about whether Wivenhoe Dam operators owe civil liability to Brisbane flood survivors needs to address liability protections that government organisations, like the operators of Wivenhoe dam, enjoy as a result of recent legislation. Read more of the article. Reproduced with the permission of Carter Capner Law.
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Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 I refer to my earlier posting. A central finding by the majority of Gray and Bromberg JJ in allowing the appeal in relation to “adverse action” was the nature of characterisation of the reason why the action or threatened...
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 British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 (9 February 2011) Heydon, Kiefel and Bell JJ allowed the appeal of British American Tobacco Australia Services Limited (“BATAS”) in respect apprehended bias of Curtis J. French CJ, and Gummow J dissented and dismissed the appeal.  High Court case summary notes (background):  Mrs Claudia...
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Richardson v Mt Druitt Workers Club [2011] NSWSC 31 Adams J 1. The plaintiff was seriously injured when he slipped and fell whilst climbing over a closed and locked gate otherwise giving access to the rear of the defendant’s premises. The defendant is a club of which the plaintiff was a member. He frequently attended...
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Allens Arthur Robinson In brief: The mandatory reporting obligation imposed on suppliers of consumer goods and product related services by the Australian Consumer Law commenced on 1 January 2011. Suppliers of consumer goods and product related services who become aware of a death, serious injury or illness that was, or may have been, caused by...
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Allens Arthur Robinson In brief: In 2010, there were a number of changes to the Trade Practices Act 1974 (Cth) as the Australian Consumer Law reforms were progressively implemented. With the final tranche coming into force on 1 January 2011, Partner Wendy Peter (view CV) and Lawyer Rosannah Healy provide a summary of the key...
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Dank v Tabcorp Holdings Limited [2011] QDC 2 C F Wall QC: LIABILITY [1] The plaintiff was injured at work when she lifted a box of photocopy paper from the floor in her office. The accident happened on Friday 8 October 2004. The plaintiff was employed by the defendant as a secretary where she was...
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