In intellectual property claims, compensatory damages can be difficult to establish. Where there are grounds to do so, a claimant will often seek additional damages to supplement the award of compensatory damages.
The ICAC’s inquiry into School Infrastructure NSW highlights the significant probity and governance risks associated with the billions being invested in school infrastructure. The findings are a timely reminder for government and independent schools to strengthen governance practices to safeguard against reputational harm and regulatory scrutiny.
The Fair Work Commission's Expert Panel has recommended major changes to classification structures under the SCHADS Award, as part of its review into gender-based undervaluation.
A $13 million claim for building defects failed, not due to the builder’s work, but due to when the Owners Corporation made its claim to the insurer. In a strict interpretation of the Home Building Act 1989 (NSW), the Supreme Court emphasised that rectification work does not extend the 10-year long-stop period for building insurance claims in NSW.
Defendant(s) to legal proceedings ought to take a cautious approach when requesting that a matter be cross vested to another jurisdiction solely on the basis that they believe the proposed jurisdiction has stronger factual ties, as courts are increasingly balancing a plaintiff’s health and convenience against the broader interests of justice.
The High Court of Australia ruled that a clause in Air Canada’s tariff, reflecting no financial limits for death or injury claims, restates liability limits under Articles 17 and 21 of the Montreal Convention 1999. The Court confirmed Air Canada did not waive these limits or defences, reaffirming the Convention’s primacy in air carriage liability.
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