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Confirmed: The Personal Injury Commission Exercises Administrative Power

The Commission does not exercise judicial power – but rather an administrative power when determining a liability dispute between the State of New South Wales, and a resident of another State of Australia.
Blog

Offers of Compromise – take your medicine early

Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 is a recent reminder of the importance of offers of compromise and the consequences of ignoring them.  
Blog

Is your expert actually an expert?

In a recent WA case the plaintiff alleged that the Hospital breached its duty of care to her by failing to recognise that she was suffering from evolving and detectable sepsis, and to commence antibiotic treatment in a timely manner. The Court was only asked to make a finding as to liability.
Blog

A warning for experts and those who brief them

Whilst not medical negligence claims, we draw your attention to three recent District Court of NSW decisions of Her Honour, Gibson DCJ concerning applications for approval of infant settlements (Saleh by his tutor Abusaleh v Li [2017] NSWDC 305; Kandil by his tutor Kandil v Halliday [2017] NSWDC 327; and Tartak by her tutor Tartak v Zada [2017] NSWDC 330).
  • 24 Nov 2017

Blog

Do special reasons exist?

A plaintiff sought orders from the Supreme Court that the defendant answer additional interrogatories in a matter that was listed for hearing in a few days.
  • 9 Nov 2017

Blog

Any Interest in Determining Costs Orders?

In Averkin v Insurance Australia Limited (No 2) [2016] NSWCA 150, the NSW Court of Appeal determined costs issues arising from an insured’s successful appeal against a District Court decision which had found that an insured’s claim with respect to a $38,870 agreed value motor vehicle policy was fraudulent.
Blog

Airbnb and the NSW Mortgage Enforcement Process

Only recently Airbnb has hit and begun spreading on Australian soil, following other sharing economy platforms such as the likes of Uber and Lyft. The growing popularity of Airbnb represents the beginning of a significant shift in the way that the lodging market may develop in the years to come, but how compatible is current mortgage enforcement law with this new way of lodging?
  • 18 Jul 2016

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