Contributory negligence and the ‘good Samaritan’ provisions of Civil Liability Act 2002 apply

Stuardo bht Pinochet v Borsellino [2012] NSWDC 9 (per Levy DCJ) 17 February 2012 Background On 5 November 2007, the plaintiff…

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Motor Vehicle Directions

Former Sparkes Managing Partner joins Morays

A year on, Moray & Agnew has bolstered its Perth office with the arrival of new Partner Rosemary Waldron-Hartfield and her…

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Media Release

Costs implications – early settlement of low value claims

Mark Haureluik v Bowen James Furler [2012] ACTCA 11 Damages for pain and suffering are included in the amount of the…

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Motor Vehicle Directions

Reasoning required to make the award of a buffer for loss of earning capacity defensible

Two recent Supreme Court cases have dealt with this issue, and make it clear that only brief reasons are required from…

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Motor Vehicle Directions

Section 151Z Recovery claims against the Nominal Defendant

Penrith City Council v Nominal Defendant & Anor [2012] NSWDC 18 District Court Judge Levy SC delivered judgment on 7 March 2012…

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Motor Vehicle Directions

Child injured in crash: occupier’s breach of duty or parent’s failure to supervise?

Simpson v Grundy & Anor [2011] QSC 299 Introduction In this case the Queensland Supreme Court held an occupier was not…

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Legal Directions

Concurrent wrongdoers: when is loss and damage the same?

Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390 The NSW Court of Appeal has confirmed…

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Legal Directions

Solicitor’s file note not an ‘investigative report’

State of Queensland v Allen [2011] QCA 311 Introduction The Queensland Court of Appeal has recently considered the meaning of the…

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Legal Directions

Pinpointing the notional trial date in claims against lawyers

In defending professional negligence actions against litigation lawyers, a crucial element is the fixing of the notional trial date. The notional…

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Legal Directions

Offers of compromise – ‘exclusive of costs’

McGlen-McLeod v Galloway (No. 2) [2012] NSWDC 11 In May 2008, the plaintiff was injured when she fell through rotten floorboards…

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Legal Directions