Torts, Damages & Civil Liability News

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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Amaca Pty Limited v Latz [2018] HCA 22: Expectation of Aged Pension

The High Court has published its reasons for the orders it made on 11 May 2018 in Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018), allowing in part, an appeal brought by Amaca Pty Limited ("Amaca") from a decision of the Full Court of the Supreme Court of South Australia, and dismissing an appeal brought by Mr Anthony Latz from that decision (see Amaca Pty Ltd v  Latz  [2017] SASCFC 145 (30 October 2017)). 

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Ticket Scalping Prevention Laws: Recent Developments

Friday 8 June 2018 @ 12.18 p.m. | Torts, Damages & Civil Liability | Trade & Commerce

Ticket scalping refers to a situation where persons, known as "scalpers", systematically buy a large number of sport or entertainment event tickets with the sole aim of reselling them for a higher price than the initial purchase price. In two jurisdictions there have been recent changes to the fair trading laws to attempt to make "ticket scalping" more difficult. The two jurisdictions are New South Wales and South Australia. 

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