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Article 24 nov 2022
In this article we explore a recent decision of the Victorian Civil and Administrative Tribunal, which serves as a reminder of the importance of confidentiality in the doctor-patient relationship and the situations in which the disclosure of patient health information is prohibited.
Article 23 nov 2022
The Adult Survivors Act (“ASA”), a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022 and provide a one-year window for individuals who were 18 or older at the time of the offense to file suit for previously time-barred sexual offense claims, regardless of when the alleged act occurred. The ASA will impact any entity that regularly interacts with adults in any capacity; thus, a significant influx of claims and lawsuits is anticipated.
News 18 nov 2022
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
Article 9 nov 2022
Since 1 July 2021, defamation laws have introduced a requirement that a publication has caused (or is likely to cause) serious harm to a plaintiff’s reputation. In this article, we explore two recent judgments which are the first to apply the serious harm element and we discuss their implications.
Case review 7 nov 2022
So long for now, but not necessarily auf wiedersehn, adieu… the Sharma appeal and what happens next for climate duty
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment  FCA 560, the 2021 Federal Court decision which elicited a resounding hallelujah and heralded a new era of climate duty, has been overturned on appeal to the Full Federal Court.
Case review 3 nov 2022
Supreme Court finds that the Civil Liability (Contribution) Act 1978 is not overriding to displace the law otherwise applicable to the contribution claim
The Supreme Court has delivered a much-awaited judgment concluding that the Civil Liability (Contribution) Act 1978 does not have extra-territorial effect.
Article 1 nov 2022
The way in which people and goods travel is changing rapidly. As a new era of transport continues to unfold, Kennedys is here to keep you up to date on the latest developments and what they mean for you and your business.
Article 27 out 2022
South Australian Court of Appeal delivers much-needed clarity on the issue of apportionment in commercial arbitration proceedings
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
Article 27 out 2022
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.
Case review 26 out 2022
Given the recoverability of additional liabilities in mesothelioma claims, this judgment and how the UK government responds may be of keen interest to those in the legacy markets with large asbestos liabilities. The costs in mesothelioma claims are often very high and are exacerbated by the recoverability of both the success fee and ATE premium.