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Case review 27/06/2022
In part two of our analysis of Barilaro, we explore some of the interesting and topical questions raised by the decision at a time when Australian defamation law reform is ongoing.
Case review 27/06/2022
In part one of our analysis of Barilaro, we provide an overview of the circumstances leading up to the decision, including what went wrong for Google as it progressively abandoned all of its defences until it was on the receiving end of one of the most scathing defamation judgments in recent times.
Case review 23/06/2022
In April, the High Court handed down its judgment in Kozarov v Victoria, an appeal that sheds light on an employer’s duty of care to prevent psychiatric injury to its employees. The Court reinstated the appellant’s first instance damages award of $435,000, and awarded costs in the appellant’s favour.
News 23/06/2022
We have reported our highest ever revenue of £286m, up 8% from £264m* the previous year. The most significant growth came in North America, where revenue was up 24% to £55m, following a continued growth period fed by work from new and existing clients, a series of lateral hires and the opening of a new office in Delaware.
Article 21/06/2022
The legal distinction between independent contractors and employees is often written about: not so often the question of whether a working doctor is better off as an independent contractor or as an employee. In this article, we explore what factors are relevant to doctors in deciding which way to go.
Article 16/06/2022
The Court of Appeal in Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 has unanimously allowed a builder’s appeal and confirmed that, under section 134 of the Building Act 1993 (Vic), the 10-year limitation period for a building action in respect of defective building work commences on the date an occupancy permit is first issued, not from when the final occupancy permit is issued.
Case review 02/06/2022
In Guild Insurance Limited t/as Acerta v DH BI Pty Ltd, Ball J found in favour of the plaintiff and struck out the proportionate liability defence raised by the defendant. In granting the strike out, his Honour held that the defendant’s proportionate liability defence, which pleaded that its own lawyers owed a duty of care to both it and to its insurer, was bound to fail as a lawyers’ duty of care does not extend to its client’s insurer.
Case review 02/06/2022
The Victorian Court of Appeal refused leave to a former client to appeal a decision which found his former solicitors not liable for breach of contract or in negligence in ceasing to act on his behalf while he was overseas.
News 30/05/2022
We are pleased to announce our technology operation Kennedys Kognitive Computing, in India, has more than doubled its office space as it continues to grow its development team.
Article 18/05/2022
In this article, we explore the recent decision of Health Care Complaints Commissioner v Payne which demonstrates the serious risks health practitioners face if they access patient health records without authority. We discuss the best practices medical practitioners should implement to protect themselves and consider the circumstances in which it may be appropriate for medical practitioners to access and disclose the health records of patients who are not under their care.
