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Member Articles


Excavator digs itself into a deep hole with respect to property loss

The decision from Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd [2019] QCA 62 highlights the subtle yet important difference between liability for causing harm and liability for defect ...

Brother v Brother: Case of the Red Bath Mat

Authors: Rebecca Stevens, Partner & Allison Bailey, Senior Associate Blood is not always thicker than water as the recent decision of the District Court of New South Wales in Manmi v Manmi [2019] NSWDC 96  ...

Admit to obvious errors, or risk a finding of deceit with indemnity costs

Authors: Katherine Hayes & Elise Turnbull, Senior Associate On 21 December 2018, in Neville’s Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd1, Justice O’Callaghan of the Federal Court of Au ...

Solicitor’s contemporaneous file notes found determinative in professional negligence action

A recent decision of the New South Wales District Court has highlighted the importance of solicitors maintaining file notes of discussions with their clients and any oral advice or instructions communicated during those ...

Building professionals caught in the cross fire

The Victorian Civil and Administrative Tribunal has recently handed down the long-awaited decision on the Lacrosse apartment tower litigation. The litigation was instituted by the owners corporation and individ ...

Supreme Court of the ACT provides a useful reminder of the steps a solicitor should take when acting for a client in a conveyance

In the recent case of McLennan v Clapham & Ors [2019] ACTSC 1, the Supreme Court of the Australian Capital Territory considers a claim alleging solicitor’s negligence in the context of a residential ...

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