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Member Articles


Employee or Independent Contractor? High Court Provides Direction

The High Court has recently heard two appeals together from judgments of the Full Court of the Federal Court of Australia,1 in cases involving the characterisation of an employment relationship. Both decisions provide d ...

Australia vs the United States: A Comparison of Cyber Crime Trends

In January 2022, the Identity Theft Resource Center in the United States (US) released the 2021 Annual Data Breach Report (Report).1 Consistent with anecdotal evidence, the Report identified a 68% increase in the number ...

Queensland Government Releases Draft Queensland Resources Industry Development Plan

The Industry’s Vision for the Next 30 Years Recently, the State Government released the draft Queensland Resources Industry Development Plan (Draft QRIDP). The Draft QRIDP provides the industry’s vision for the next ...

Record Damages Awarded in a Recent Victorian Institutional Abuse Case

Facts  In 1988, the plaintiff was in year 8 at the Geelong College (defendant) when he started attending a building known as the ‘House of Guilds’ on the school’s premises after hours. The building contained a ...

Trial Judge’s Findings on Nuisance Up in Flames

Author: Milton Latta Introduction In claims involving interference with the use and enjoyment of land, actions can be available in both negligence and nuisance, and are often pleaded as alternative causes of action.  ...

A Significant Evidentiary Omission Results in a Finding of an Insignificant Risk of Harm

In New South Wales, s 5B of the Civil Liability Act 2002 (CLA) prescribes that a finding of negligence requires a plaintiff to establish that a risk was foreseeable, not insignificant and that a reasonable person would ...

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