Corporate structure and duty of care

Strategic Formwork Pty Ltd v Hitchen [2018] NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the...

Implying law into contracts

Bayside Council v V Corp Constructions Pty Ltd [2017] NSWCA 120   39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali, [5] Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I...

12 tips to going paperless

Yet, believe it or not, going paperless is easier than you think. What used to be a more expensive and time-consuming option has now, thanks to hundreds of companies who have rethought old ways of working, become a valid option to actually start saving time, money and...

Peer professional opinion in practice

NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v...

Apprehended bias

apprehended bias – whether comments and questions by sentencing judge during applicant’s trial, a co-offender’s trial, and sentencing hearings gave rise to reasonable apprehension of bias – application for recusal rejected – whether sentencing judgment should be set...
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