Insights Categories: Commercial Litigation & Dispute Resolution

Aug 2, 2018

INSIGHT: Provident Capital Class Action

Meridian Lawyers is pleased to advise that the class action that was commenced on behalf of John and Rosemary Smith against Australian Executor Trustees Limited in relation to the failure of Provident Capital has settled in principle, subject to the completion of settlement documentation. The settlement will still need to be approved by the Court. […]

Nov 14, 2017

INSIGHT: Partnership Agreements – do you have one and is it up to date? Is it a dispute waiting to happen?

Most business partnerships do not last forever. Each year Meridian deals with many disputes between business partners. Disputes often happen because the relevant documentation is unsatisfactory or out of date, resulting in the partners having different views on how to deal with commercial matters. Business partners part company for many reasons. They could simply wish […]

Jul 13, 2017

INSIGHT: When is a duty of care owed in mental harm claims?

Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21: Facts: Glenn Wright (the ‘plaintiff’) claimed damages for psychological injury as a result of an attempt by Nathaniel George to murder him by throwing him from a roof balcony. The plaintiff sued Optus as the occupier of the premises […]

Apr 7, 2017

INSIGHT: Meridian Lawyers named in Best Lawyers in Australia 2018 edition

Media Release: Australia’s Best Lawyers announcement on 7 April 2017 named Meridian Lawyers Special Counsel Peter Axelrod as a Lawyer of the Year for Aviation Law, following his recognition by Best Lawyers® in this area of law for the past 10 years. Meridian Lawyers congratulates seven Principals for their recognition as amongst the best in Australia in the 10th […]

Jun 14, 2016

INSIGHT: High Court win: finding reminds courts of appeal of their limits

Robinson Helicopter Company Incorporated v McDermott is a case of two major errors: the first by a helicopter repairman who improperly serviced a component causing a crash, and the second by the Court of Appeal, which improperly applied the wrong standard of review to the factual findings of the trial judge. Unusually for the High […]

Mar 10, 2016

INSIGHT: Nurofen Specific Pain claims: Federal Court finds misleading conduct

In December last year the Federal Court ruled that Reckitt Benckiser (Australia) Pty Ltd (RB) engaged in misleading conduct in contravention of the Australian Consumer Law by representing that its Nurofen Specific Pain products were formulated to treat a specific type of pain, when in reality the products are identical. The Australian Competition and Consumer […]

Feb 29, 2016

INSIGHT: When is an expert the right expert?

Posted by Julie Somerville, Principal Meridian Lawyers: Expert conclaves are here to stay and, despite there being differing views as to their cost effectiveness, issues often arise as to who should participate in the conclave and who possesses the correct expertise to opine on an issue. Last year I wrote about the need to ensure that the […]

Nov 18, 2015

INSIGHT: Foresights: recent case rulings challenge the status quo

Duty of disclosure: raising the bar Robert Crittenden, Principal at Meridian Lawyers, discusses how a recent Supreme Court of NSW decision has raised the bar for insureds in complying with the duty of disclosure. Case: Stealth Enterprises Pty Limited trading as The Gentleman’s Club v Calliden Insurance Limited [2015] NSWSC 1270 Watch the video.

Apr 4, 2019

INSIGHT: Emotion and its role in negotiation: valuable tool or unnecessary hindrance?

Negotiations can invoke varied emotions, some of which may affect the outcome of the negotiation and the receptiveness of participants to such outcomes. Negotiators are inevitably influenced by their own emotions and should be aware of the influence that emotions can have on their abilities both to negotiate and to be receptive to the outcomes being […]

Jun 2, 2015

INSIGHT: Recent Court of Appeal decision confirms breadth of advocate’s immunity

Legal practitioners and their insurers can breathe a sigh of relief as on 21 May 2015 the NSW Court of Appeal  upheld the decision of the District Court in Kendirjian v Lepore [2014] NSWDC 66, summarily dismissing a claim based upon the advocate’s immunity principle. Mr Lepore, solicitor, acted for Mr Kendirijian in a personal injury claim […]

Sep 10, 2014

INSIGHT: The broadening shadow of section 54

The High Court of Australia has dismissed the appeal of various Lloyd’s underwriters (the “Insurers”). The High Court’s reasoning presents a reading of section 54 that produces a literal and commercial outcome, which many insurers will find disappointing. (Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, 10 September 2014) The key issue for the […]

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