Insights Categories: Commercial Litigation & Dispute Resolution

On Tuesday 7 April 2020, the National Cabinet agreed upon a mandatory rent relief code of conduct for commercial leases (the Code) to be legislated by state and territory governments. The Code provides a framework for landlords and tenants to negotiate individual arrangements based on the effects of the COVID-19 pandemic. The Code will have […]

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. […]

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 Disputes often happen because the relevant documentation is unsatisfactory or out of date, resulting in the partners having different views on how to deal with commercial matters.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 […]

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 […]

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 […]

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 […]

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.

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 […]

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 […]

This Court of Appeal’s decision will assist retailers in dealing with damage caused by products sold and injury being sustained, external to but in close proximity to a store. The decision also provides useful judicial comment on the extent of the duty of care that retailers have with respect to use of products it sells. […]

Negotiating a contract? Can’t commit to an absolute obligation? Looking to impose an endeavours-type obligation (to use reasonable endeavours or best endeavours) to fulfil an objective? Then prepare well and minimise the debate. Reasonable endeavours and best endeavours A common obligation applied in commercial contracts is the use of an “endeavours” clause – the requirement […]