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Litigation and dispute resolution

Employment relationship a “necessary precursor” for vicarious liability, says the High Court

Until fairly recently, most Australian lawyers would have agreed with the proposition that in order for an organisation to be liable for an individual’s torts, there would need to be a relationship of employment between the organisation and the individual. However, in the last couple of years, the Supreme Court of Victoria considered the position

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November 13
2024
Employment Law Litigation and dispute resolution

The un-palletable consequences of taking guarantees on trust

On the very first page of the leading Australian textbook on the law  of trusts, you will find the statement that, “a trust is not a juristic person with the legal personality distinct from that of the trustee and beneficiary”.  This is a lawyerly way of saying “a trust is a relationship – it is

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November 24
2019
Commercial Law Litigation and dispute resolution