Case Note: Murray Valley Aboriginal Cooperative Ltd v. Havea (2020) VSCA 243

In a decision delivered by the Court of Appeal on 18 September 2020 an appeal by the plaintiff based upon a miscarriage of justice caused by evidence being improperly admitted to the jury and against the jury’s assessment of dam...

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Insolvency Reforms: for better or for worse?

On 24 September 2020, the Australian Federal Government announced what it called the most significant reforms to Australia's insolvency framework in over 30 years. "The reforms, which draw on key features from Chapter 11 of the...

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Case Note: Ko v Hall and Ors [2020] VSCA 224

On 4 September 2020, the court of appeal handed down its decision in Ko v Hall and Ors [2020] VSCA 224. The main issue in this case was whether a determination by the medical panel made outside of the time frame prescribed by s 2...

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Case Note: Court of Appeal again finds against worker

In Schembri v State of Victoria, the Court of Appeal rejected the appellant's claim that the jury's verdict for the defendant both in relation to his claim for negligence and breach of statutory duty was against the evidence and t...

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The keys are in the Porsche

Good transport operators always have their clients accept their carefully drafted terms and conditions, which usually acts to exclude liability for their negligence. In an industry where margins are tight, prices are often set on ...

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Standardisation of Statements of Advice and Clawback Rights for Life Insurance

ASIC has in the past issued sample standard forms for different products. In another step along the road towards standardisation, on the 31st May, ASIC released a consultation paper on a new sample Statement of Advice (SOA) for li...

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