Articles

The Carter Newell team highlight the importance of carefully considering causation evidence and formulating a clear, persuasive argument demonstrating why the alleged breach did not cause tangible damage.

In this article, the Carter Newell team highlight that the scope of advocate’s immunity extends to a legal professional’s engagement of expert witnesses and conduct in preparing evidence for litigation.

In this article, Partner Danielle Skinner and Paralegal Elena Garoufalis outline four 2024 NSW decisions with positive liability outcomes for Defendants to personal injury claims. Whilst there is always liability risk (particularly when a case is dependent on witness evidence) and commercial considerations, in certain situations these uncertainties are justified.  

Partner Michael Bath highlights what you need to know about the High Court’s decision on the Pafburn Pty Ltd & anor v The Owners – Strata Plan No 84674 [2024] HCA 49 decision.

The choice of language used to express the necessary unifying factor in first-party insurance is of critical importance. But what of the situation where there is no explicit language of aggregation, but rather wording which merely affords scope for aggregation by implying a unifying factor from general context? Partner Patrick Mead explores this topic.

A common issue that you might be facing when finalising contracts is how to determine the rate for liquidated damages. Partners Mark Kenney and Luke Preston have set out a general summary of the key principles that will help you ensure that you don’t miss anything.

Partner Rebecca Stevens highlights what you need to know about the High Court’s landmark decision on the Bird vs DP decision.

Michael Elliott, Partner, and Kendra Ciccotti, Law Graduate, examine the Legislative Assembly Environment and Planning Committee’s call for reforms to the Victorian Building and Construction Industry Security of Payment Act 2002.

In this article, Partner Peter Motti and Law Graduate Emily Cooper delve into the critical role of due diligence and highlight three common legal challenges resulting from this process.

The Carter Newell team discuss the recent decision of the New South Wales Court of Appeal in Wild v Meduri, which provides guidance on how a conflict of interests can affect the credibility of solicitor’s evidence and the proper way to record conversations in affidavits.

The Carter Newell team discusses the decision of Manca v Teys [2024] QCA 60 which provides a timely reminder of a number of key principles that should be borne in mind when defending claims. 

The Carter Newell team investigates the Supreme Court of Victoria’s recent consideration of the doctrine of advocate’s immunity in the context of a solicitor’s allegedly negligent failure to adduce sufficient evidence at the hearing of an interlocutory application in the case of Magriplis-Hampton v MM LP Holdings Pty Ltd.