Lander & Rogers | Australia | 27 Feb 2019
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......
Piper Alderman | Australia | 15 Apr 2014
The Victoria Supreme Court recently restrained a plaintiff in a group proceeding from reliance on a document in its statement of claim that contained "highly sensitive legal advice" and was confidential to Leighton Holdings. The decision demonstrates the importance given to confidential information in circumstances where there is actual or threatened use of such information.
Piper Alderman | Australia | 17 Sep 2013
A recent Victorian Supreme Court decision gives credence to the proposition that common standard form dispute resolution clauses may be unenforceable for lack of certainty. The court found that for a dispute resolution clause to be valid and enforceable, it was necessary to "set out the process or model to be employed, and in a manner which does not leave this to further agreement".
Piper Alderman | Australia | 18 Oct 2011
A recent Supreme Court of Victoria decision provides warnings on the evidence required to maintain a claim for privilege where the dominant purpose of the communication or document is in question. Parties that attempt to resist the production of documents on the grounds of privilege may need to consider preparing multiple affidavits in support of their claim, including from those at the top......