Author Archives: Anne Wardell

About Anne Wardell

Anne Wardell is Editorial Content Manager at Wolters Kluwer, CCH and co-administrator of the Law Chat site.

Attorney-General Censure motion

Censure motion moved by Senator Wong, / Questions without notice A copy of the relevant portion of Hansard is available here.

Posted in Australian Politics, Commercial Law, EEO | Leave a comment

The never-ending story of CAMAC by Bob Baxt

By Bob Baxt, Emeritus Partner at Herbert Smith Freehills and long-time consultant for CCH about emerging areas of the law The referral by the Australian Senate of the provisions of the Australian Securities and Investments Commission Amendments (Corporations and Markets … Continue reading

Posted in Commercial Law, Competition and Consumer Law | Leave a comment

Stay of forfeiture proceedings, criminal proceedings pending

In Commissioner of the Australian Federal Police v Zhao [2015] HCA 5 the High Court has dismissed an appeal against a decision of the Court of Appeal (Vic) which had stayed proceedings for the forfeiture of property of the second … Continue reading

Posted in Courts, HIgh Court of Australia, Litigation, Recent cases | Leave a comment

Unconscionable conduct: is there a way forward?

By Brian Egan, Wolters Kluwer consultant for Corporations Law In its Draft Report (September 2014), the Competition Policy Review (the Harper Review) had this to say about unconscionable conduct, at pages 217 and 218:  “The Terms of Reference ask the … Continue reading

Posted in Australian Politics, Competition and Consumer Law, Harper Review | Leave a comment

After the dust settled

Bunnings was found liable for negligently causing injury to an employee after she developed life threatening pneumococcal meningitis, encephalitis and septicaemia from cleaning up large amounts of dust from a chicken manure based fertiliser. Background In March 2008, Ms Cowen … Continue reading

Posted in Damages, Recent cases, Recent Cases - TORTS, Torts | Leave a comment

State of NSW not liable to child who fell from a moving train

The State of New South Wales was successful in its appeal of an earlier finding that it was liable for a child who fell from a moving Countrylink train. The finding at first instance was based on inferences drawn by … Continue reading

Posted in Damages, Recent cases, Recent Cases - TORTS, Torts | Leave a comment

Implied freedom of political communication; a shield, not a sword

In Mbuzi v Griffith University [2014] FCA 1323, the applicant doctoral candidate at the university, having had his doctoral candidature terminated, alleged, inter alia, that this resulted from the government-critical content of his thesis concerning the impact of European arrival … Continue reading

Posted in Administrative Law, Courts, HIgh Court of Australia, Litigation, Recent cases | Leave a comment

Goods Act 1958 (Vic) applied to transactions under the PPSA

Written by Anne Wardell, Editorial Content Manager. Justice Sifris of the Supreme Court has recently held that the Goods Act 1958 (Vic) (Goods Act) applied to transactions under the Personal Property Securities Act 2009 (PPSA) (see Warehouse Sales Pty Ltd … Continue reading

Posted in PPSA | Leave a comment

Top 10 articles of 2014 – an interesting mix

Papua New Guinea Labour Law: the Common Rules Posted on February 24, 2014 by Sherika Ponniah In Papua New Guinea, terms and conditions of employment are generally governed by the Employment Act (Chapter 373) and, in the case of non-citizens, by both the … Continue reading

Posted in General | Leave a comment

Payment into court — not a security interest under the PPSA

Written by Anne Wardell, Editorial Content Manager. The Victorian Court of Appeal has handed down an important decision in relation to whether a payment into court is a security interest for the purposes of the Personal Property Securities Act 2009 … Continue reading

Posted in PPS, PPSA, Recent cases | Leave a comment

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