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Searching Content indexed under Trials & Appeals & Compensation by Carroll & O'Dea ordered by Published Date Descending.
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Title
Country
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Author
Date
1
Redress – Are we there yet?
The limitations of the various restitutive schemes have resulted in many people being excluded from achieving justice.
Australia
17 Apr 2019
2
Revisiting settlements in child abuse litigation: just and reasonable
The issue was whether it was "just and reasonable" to allow the action to claim damages for alleged child sexual abuse.
Australia
4 Apr 2019
3
Wrongful birth children and assessing damages for cost of care: Australian and British jurisprudence compared
This analysis adopts a comparative approach to damages for treatment of wrongful birth cases in Australia and in the UK.
Australia
18 Jan 2019
4
Avopiling Pty Ltd v Bosevski; Avopiling Pty Ltd v The Workers Compensation Nominal Insurer
This case highlights issues in the preparation of pleadings and calculation of damages in personal injury litigation.
Australia
26 Oct 2018
5
Cross-border non-disclosure agreements (NDAs): How enforceable?
This article highlights some of the issues in the enforceability of breaches of NDAs across US or Australian borders.
Australia
26 Oct 2018
6
The Gould appeal of medical negligence: irrational yet widely accepted practice?
The court considered the "irrational exception" to the "widely accepted practice" provision in professional negligence.
Australia
26 Aug 2018
7
Ten required to sell to its competitors for $1
Network Ten is appealing decision that compels Ten to sell its shares in TX Australia to Nine and Seven for one dollar.
Australia
16 May 2018
8
Wrongful birth damages – Two more difficult questions
The challenge of unrelated disabilities is not the only one facing courts if seeking to quantify wrongful birth damages.
Australia
2 Apr 2018
9
Commonwealth redress scheme for institutional abuse
The Scheme is the product of recommendations by the Royal Commission Into Institutional Responses to Child Sexual Abuse.
Australia
7 Dec 2017
10
Mental harm damages following birth trauma – the Sorbello appeal
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Australia
6 Oct 2017
11
Abuse liability: learning from the outcome in State of New South Wales v DC [1]
The two special leave points were in respect of breach of the duty of care and vicarious liability of the State of NSW.
Australia
26 Jul 2017
12
The assessment of damages in nervous shock claims in NSW
These cases provide some guidance as to how the courts have approached the assessment of damages in nervous shock claims.
Australia
3 Mar 2017
13
Motor vehicle accidents which occur in the State of New South Wales
The article and information relates to compensation for motor vehicle accidents occuring in the State of New South Wales
Australia
21 Jul 2016
14
Compensation claims on commercial and residential premises
When an accident occurs in commercial or residential premises, the owner/occupier and any managing agent could be liable.
Australia
20 Apr 2016
15
Financial compensation for revenge porn and breach of confidence (and poor taste)
Victims of revenge porn may have a means of obtaining financial redress for the humiliation and distress they experience.
Australia
22 Feb 2016
16
The application of statutory time limitation provisions by analogy to claims in equity's exclusive jurisdiction
The article discusses principles where an analogous time bar is applied to an action in equity's exclusive jurisdiction.
Australia
30 Dec 2015
17
Limitations Amendment (Child Abuse Civil Actions) Bill 2015 (NSW)
These proposed changes, which were defeated, would have removed the limitations period for child sexual abuse in NSW.
Australia
21 Dec 2015
18
Who's responsible for all the fun? Some observations on the limits to liability in recreational activities provided by Sections 5M and 5N of the Civil Liability Act 2002
When planning any recreational activities, it is important to think about liability and where you, as a provider, stand.
Australia
29 Sep 2015
19
Application of limitation period by analogy to a claim in equity: case of Agricultural Land Management Ltd v Jackson [No. 2] [2014] WASC 102
Edelman J considered whether the limitation period should be applied to an equitable claim for breach of fiduciary duty,
Australia
10 Apr 2014
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