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Lander & Rogers | Australia | 18 Dec 2019

When disaster strikes: managing employees following a natural disaster

The current fires in New South Wales and Queensland are a timely reminder for employers to review their business arrangements for responding to such crises, particularly in workforce management, and ensuring that they have a plan in place to deal with the aftermath. This article provides some guidance on the kinds of things that employers need to think about following a natural disaster.
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Lander & Rogers | Australia | 27 Feb 2019

Overdue diligence: recent officer prosecutions

The end of 2018 saw a flurry of officer prosecutions finalised in New South Wales (NSW) and Victoria, including the first recorded sentence of imprisonment for reckless endangerment in Victoria. The cases illustrate an increasing willingness on the part of SafeWork NSW and WorkSafe Victoria to pursue company officers personally for work health and safety breaches, particularly sole directors......
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Piper Alderman | Australia | 4 Jun 2013

Bank as 'mortgagee in possession' may be subject to closer scrutiny

In a recent New South Wales Supreme Court case, the court criticised a bank's conduct and suggested that banks should not sit on a property and do little to market it for sale if, in so doing, the guarantor is subject to prejudice and therefore unfairness. This shift is noteworthy given that banks have historically been able to rely on longstanding banking principles that allow them to sell......
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Piper Alderman | Australia | 6 Nov 2012

The importance of being earnest: enforceability of mediation agreements

A recent New South Wales Court of Appeal decision has highlighted the need for parties to consider carefully the drafting of agreements that they reach in the course of mediation. The decision serves as a useful warning to parties entering into heads of agreement at mediation or other settlement conferences - they must be precise with the language that is used in any agreement.
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King & Wood Mallesons | Australia | 1 Nov 2012

KFC appeals poisoning decision, claims errors in findings

In an April 2012 New South Wales Supreme Court decision, KFC was held liable to pay A$8 million in compensation for brain damage suffered by a plaintiff as a result of food poisoning. However, KFC recently lodged its appeal against the first instance decision, arguing there had been a failure to consider evidence and errors in the judge's factual findings and the weight given to certain evidence.
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Piper Alderman | Australia | 16 Oct 2012

No-show a no-go for Flo Rida

American hip-hop and rap artist Flo Rida (also known as Tramar Dillard) failed to attend a music festival, having slept in. The New South Wales District Court found Flo Rida and his Australian agent, Darren Ayre, liable to pay festival organisers more than A$400,000 in damages and legal costs for the no-show. The judgment illustrates the availability of damages for future loss, in appropriate......
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King & Wood Mallesons | Australia | 12 Jul 2012

Stringent product safety procedures fail to save KFC in poisoning case

In a high-profile decision the New South Wales Supreme Court decided that KFC was liable for a plaintiff's severe brain damage caused by salmonella food poisoning from a 'Twister'. Two matters of potential significance may be noted for other product liability proceedings. Together, they suggest that stringent product safety procedures may be less useful to defendants in avoiding product......
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Piper Alderman | Australia | 13 Dec 2011

Destruction of mobile phones impaired fair defamation trial

Charmyne Palavi recently lost her bid to quash orders by the New South Wales (NSW) District Court striking out two defamatory imputations on the basis that she had disposed of mobile phones in defiance of discovery obligations. The NSW Court of Appeal re-exercised its discretion in light of errors by the district court, but ultimately upheld the district court's finding that the destruction......
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Piper Alderman | Australia, Germany | 6 Jul 2010

Waging a war on two fronts proves fatal to claim

In a recent case the plaintiff claimed for production costs alleged to have been incurred when developing a proposed show to be performed at a German resort. It claimed that it was a term of the alleged contract that its funds would be paid into a New South Wales bank account, and that as the defendants had failed to pay the funds, this constituted a breach of contract which should be heard......
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