Tip fire: representative proceedings
TORTS – representative proceedings – negligence – plaintiff suffered injury through fire – determination of liability – no claim for pure economic loss – ignition of fire – origins – causation – spread or escape of fire – common law principles – existence and scope of duty of care – novelty of duty –salient features…
Direct action against insurer
[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”] Murphy, McCarthy & Associates Pty Limited v Zurich Australian Insurance Limited  NSWSC 627
CONTEMPT – contempt of court – improper pressure – interference with the administration of justice as a continuing process
ICAC: Jurisdictional Facts?
Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption  NSWSC 387 ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to investigate matters – ICAC Act 1988 (NSW), s 20 – no jurisdictional error – prerequisites…
Corporate structure and duty of care
Strategic Formwork Pty Ltd v Hitchen  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 cross-appeal. The Court held: In relation to (i): (1) Neither the separate…
Implying law into contracts
Bayside Council v V Corp Constructions Pty Ltd  NSWCA 120 39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali,  Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I think that anyone who was simply reading the document without preconceptions…
12 tips to going paperless
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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 Hunter & New England Local Health District  NSWCA 476; (2013) Aust…
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 aside
Administrative review: re-assessment of medical certificate in MACA context
ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant’s objection to assessment without re-examination – appellant not re-examined – whether constructive failure to exercise statutory function ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of…
Pre-existing medical conditions, aggravation and the burden of proof
TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed
I was admitted to the bar in 1991. I took silk in 2009. Before that I was a solicitor and before that a paralegal.
I try to do work in any area I am offered, but I will not appear or work without an instructing solicitor.