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Litigation and dispute resolution

For “oppressive” strata by-laws in NSW, it’s now game, pet, and match

The proposition that what matters is not the size of the dog in the fight, but the size of the fight in the dog, was exemplified in the NSW Court of Appeal this week.  In one corner was a miniature schnauzer named Angus (no relation); in the other, the owners corporation of the 43-story, 341-lot

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October 14
Litigation and dispute resolution Property Law

Three things in this life are certain – death, taxes and fights over legal privilege

“ATO targets legal privilege”, cries the front page of today’s Australian Financial Review,  neatly bringing together the second and the third of life’s certainties (the first certainty being one with which we try not to concern ourselves unduly here at Worth Knowing). The article quotes ATO Commissioner Chris Jordan as having said in March that “[the

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October 9
Commercial Law Litigation and dispute resolution

Vicarious liability in Australia – fit for purpose, or fit for “akin”?

When legal liability is imposed upon one person for the misdeeds of another, even though the first person is themselves blameless, this liability is described as “vicarious liability”.  In Australia, vicarious liability arises most often when an employer is held to be liable for the torts of an employee.  Australian law has developed two “central conceptions” in relation to such

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October 1
Employment Law Litigation and dispute resolution