In a class action proceeding against a local government for a claim in debt, the plaintiff made an application to strike out parts of the local government’s defence and counter claim that sought to rely on the principles of ‘change of position’, a defence associated with restitution. The application by the plaintiff was dismissed and […]
ReadmoreLitigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]
ReadmoreA recent Federal Court decision is a timely reminder that Ministers should not rely entirely on briefing notes before making decisions – and when the decision is defended, it is the Minister who is expected to give evidence. The Federal Court recently found that a Minister had failed to “consider any comments, information or documents” […]
ReadmoreThe recent High Court decision of UBS v Tyne [2018] HCA 45 concerned circumstances where an original trustee of a trust discontinued proceedings in the Supreme Court of New South Wales, then almost 2 years later a subsequently-appointed trustee of the same trust commenced fresh proceedings in the Federal Court raising, in substance, the same claims against […]
ReadmoreThe New South Wales Supreme Court decision of Citigroup v Wernhard [2019] NSWSC 132 considers whether certain conduct by the borrowers was unconscionable (as against a lender). Borrowers sold one of three properties that was held as security for loans to them, but the lender mistakenly released mortgages over all three. The borrowers noticed the mistake, subsequently sold […]
ReadmoreThe new Banking Code of Practice, which commences on 1 July 2019, requires member banks to train their staff to take extra care with vulnerable customers, by acting with sensitivity, respect and compassion.
ReadmoreA recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]
ReadmoreThe nature of jurisdictional error has long confounded and confused. Not all errors of law are equal. Some errors deprive decision makers of authority, others do not. Some errors may be reviewed; the review of others may validly be excluded. There is a distinction of principle between errors characterised as jurisdictional errors and errors characterised […]
ReadmoreThe Judicial Review Act 1991 (Qld) (JRA) provides an avenue for a person aggrieved by an administrative decision to seek judicial review. However, the right of a person to make an application for review of a decision[1] and the power of the Court to make orders[2] depend on the existence of ‘a decision to which […]
ReadmoreEqual treatment is a fundamental principle of justice. This is well understood in the abstract, but what it might mean in practice and how it might be enforced is less clear, as is demonstrated by an important recent UK decision[1] that will be monitored closely by Australian lawyers. The case As a result of […]
ReadmoreWith demand for the banks to meet community standards, the ABA has released the new Banking Code of Practice to enhance banking services, with effect from 1 July 2019. Click here for full size image. Authored by: Annette Gaber, Partner Anna Koumides, Senior Associate
ReadmoreOn 1 May 2018, the Minister for Revenue and Financial Services authorised the operation of the Australian Financial Complaints Authority (AFCA): a new single external dispute resolution (EDR) scheme for consumer and small business complaints. The Minister announced that: All financial firms required to have a dispute resolution system to deal with complaints from consumers […]
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