Torts, Damages & Civil Liability News

ACT Introduces "Australian First" Bill To Recognise Animal Sentience; Increase Penalties For Offences

Friday 24 May 2019 @ 1.39 p.m. | Crime | Torts, Damages & Civil Liability | Trade & Commerce

On 16 May 2019 the Animal Welfare Legislation Amendment Bill 2019 (ACT) (the Bill) was introduced into the ACT Assembly by the ACT Minister for City Services, Chris Steel MLA (the Minister). In a media release the Minister has said that the Bill is "an Australian first" because, apart from introducing a broad range of reforms to strengthen animal welfare laws, the Bill recognises animals as sentient beings.

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Work Health Authority v Outback Ballooning Pty Ltd & Anor [2019] HCA 2: High Court Allows Appeal

Monday 11 February 2019 @ 2.25 p.m. | Legal Research | Torts, Damages & Civil Liability

On 6 February 2019, the High Court (by majority), allowed an appeal from the Court of Appeal of the Supreme Court of the Northern Territory (Outback Ballooning Pty Ltd v Work Health Authority and Bamber [2017] NTCA 7 (19 October 2017)). 

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Incapacity for Work: SAS Trustee Corporation v Peter Miles [2018] HCA 55

In SAS Trustee Corporation v Peter Miles [2018] HCA 55 (14 November 2018) the High Court of Australia has unanimously allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales regarding the meaning and construction of the Police Regulation (Superannuation) Act 1906 (NSW) ("the Act") section 10(1A)(b)(ii) [see Miles v SAS Trustee Corporation [2017] NSWCA 86 (4 May 2017)).

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Bills To Merge The Federal Circuit Court And The Family Court Introduced Into Parliament

In a media release dated 17 August 2018, the Attorney General, Christian Porter, announced that legislation to reform the federal courts dealing with family law matters would shortly be introduced into Federal Parliament. That legislation was introduced into the House of Representatives on 23 August 2018 as the Federal Circuit and Family Court of Australia Bill 2018 (Cth) (the main Bill) by Ms O’Dwyer, at the time the Minister for Revenue and Financial Services, for the Attorney General. Accompanying the main Bill is the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 (Cth) (the accompanying Bill) which makes the consequential amendments and transitional provisions necessary to support the main Bill.  

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Procedural Fairness Probate of Will: Nobarani v Mariconte [2018] HCA 36

In Nobarani v Mariconte [2018] HCA 36 (15 August 2018) the High Court of Australia has, in a unanimous decision, allowed an appeal from the NSW Supreme Court of Appeal [see Nobarani v Mariconte (No 2) [2017] NSWCA 124 (5 June 2017)], and held that a new trial should be granted to the appellant on the basis that the appellant was denied procedural fairness in the conduct of a trial involving the respondent's claim for probate of a will in solemn form.

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