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Case review 23/04/2021
On 10 March 2021, in Wigmans v. AMP Limited & ORS the High Court of Australia dismissed an appeal from the NSW Court of Appeal regarding the court’s response to competing plaintiff applications to stay one or more open class representative proceedings commenced under Pt 10 of the Civil Procedure Act 2005 (NSW) (CPA).
News 20/04/2021
Zurich Insurance Group (Zurich) has appointed Kennedys to its new legal claims panel to provide advice on the management of large and complex claims across the Asia Pacific (APAC) region.
News 15/04/2021
Congratulations to the 12 Kennedys lawyers that have been recognised in the Best Lawyers in Australia 2022 edition, with our lawyers achieving 15 individual recognitions in total.
News 06/04/2021
The Healthcare team at Kennedys in Melbourne is delighted to announce its appointment as preferred legal services partner to the Australian Medical Association in Victoria (AMAV).
Article 30/03/2021
On 26 March 2021, the Victorian Court of Appeal handed down its highly anticipated judgment in the construction consultants’ appeal of the 2019 Lacrosse decision.
Article 30/03/2021
The facts of the Lacrosse case are well known. In November 2014, a late night cigarette discarded on a balcony of the 21-storey Lacrosse building in Docklands, Victoria, ignited a fire that spread to the external cladding, resulting in excess of A$12 million in damage.
Article 30/03/2021
A summary of the latest global developments in the employment space including a case review of the Supreme Court decision of Royal Mencap Society v Tomlinson-Blake [19.03.21], a comparison of the treatment of the COVID-19 vaccination in the US, Denmark, India and the UK, remote working to be legislated in Ireland, Australia’s Fair Work Commission which can now determine general protections dismissal applications and the introduction of the Employment Amendment Ordinance 2020 in Hong Kong.
Article 12/03/2021
In this global update Kennedys' medical malpractice specialists from 16 jurisdictions across the globe discuss the operational and digital response of healthcare organisations and providers, to the pandemic.
Case review 11/03/2021
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2021] SASCA 8
Kennedys in Australia, acted for the Respondent in this matter which saw the Court of Appeal continue to move away from a rigid approach to issues of uncertainty in contractual interpretation. Instead, the Court of Appeal favoured a more progressive approach that centred on commercial efficacy and a desire to uphold reasonable commercial bargains.
Case review 23/02/2021
A recent decision of the Full Federal Court is likely to significantly reduce the number of general protections dismissal applications progressing from the Fair Work Commission (FWC) to a federal court for hearing. The FWC will now decide whether there has been a dismissal, if that issue is in question, when the application is lodged with the FWC rather than leaving it to a federal court to decide. If the FWC decides that there has been no dismissal and declines to issue a certificate, the matter will end, saving employers and their insurers the costs of a federal court proceeding.
