Legal & Industry Insights

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When is a refusal to complete a rehabilitation plan unreasonable? – Grima and K&S Freighters [2023] AATA 769 (17 April 2023)

The Administrative Appeals Tribunal (AAT) recently found that an employee’s failure to complete the final element of his then existing…

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Court flips out ‘obvious risk’ defence in tubing accident claim – Glover v Fuller [2023] 

The Supreme Court of the Australian Capital Territory recently considered whether a 12 year-old plaintiff injured while riding in an…

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Inter-State sea carriage: Arbitration clause effective to ouster jurisdiction of Australian Court

In a unanimous Judgment dated 12 October 20221, the Full Court of the Federal Court of Australia confirmed that parties…

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The dividing line between independent contractor and employment relationships

There is a deep-rooted distinction in common law between an employee and independent contractor. A relationship between a principal and an…

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When does an insurable interest in part of a bulk quantity arise? – Quadra Commodities S.A v XL Insurance Co SE and Ors [2022] EWHC 431 (4 March 2022)

The English High Court recently considered the circumstances in which an insurable interest can arise in unascertained goods forming part…

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Putting a price on holiday disappointment – Moore v Scenic Tours Pty Ltd (No. 4) [2022] NSWSC 270 (14 April 2022)

The Supreme Court of New South Wales recently considered the assessment of damages for distress and disappointment when a tour…

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