Lainson Holdings Pty Ltd (Lainson) has unsuccessfully challenged the outcome of an expert determination, on the grounds that the determination contained a legal error.1 The Court had to interpret a contractual provision requiring the expert to make a determination ‘according to law.’ Ultimately, the Court found that ‘according to law’ did not mean that an expert’s decision had to be free from legal error. The expert determination was binding and Lainson was ordered to pay $1,837,212.
Monthly Archives: May 2019
Tim Pallas MP, Treasurer for Victoria, delivered the FY20 state budget (Budget) in Parliament yesterday afternoon and the State Taxation Acts Amendment Bill 2019 (Bill) was introduced to Parliament to implement proposed tax changes.
It is commonly thought that where a liability insurer, of whatever type, appoints lawyers to represent an insured in a legal proceeding without an express reservation of rights, and in a way which tends to lead the insured into believing that indemnity has been granted by the insurer, that the insurer will not be entitled to subsequently refuse indemnity because of, for example, the application of an exclusion clause. Instead, the insurer will be taken to have ‘elected’ to grant indemnity and will not be permitted to resile from that election.
Connecticut appears poised to become the next state to raise its minimum wage to $15 per hour, following the trend set by California, Illinois, Massachusetts, New Jersey, New York, and most recently Maryland, in addition to numerous local jurisdictions. Governor Ed Lamont is expected to sign H.B. 5004, which passed the state’s House and Senate earlier this month.
Lawyers know better than most people that words matter – after all, who knows better than a contract lawyer that a nuanced clause can make or break a deal?
When we think about the top players in the medical device development space, we often see device company sponsors, clinicians, scientists, and FDA regulators as the ones driving the process. But what about the patient perspective? Does that get factored in?
Leading Australian law firm Hall & Wilcox has advised Powerwrap Limited, one of Australia’s leading wealth management and administration platforms, on its successful initial public offer of securities and listing on the Australian Securities Exchange.
What distinguishes public art is the unique association of how it is made, where it is, and what it means.” —The Association for Public Art
To many, the names “Rocky Balboa” and the “Italian Stallion” are as universal and front of mind as the names “Chuck Wepner” and the “Bayonne Bleeder” are regional and tucked into (or have already fallen out of or never made it into) the recesses of memory. But this writer is not most people. Though aspiring to be a child of the universe, I am at heart still a ten-year-old kid from Bayonne, New Jersey, at the south end of Hudson County who (in 1975) thought a guy from our neighborhood was about to pull off the greatest upset in sports history (at least in the pre-Miracle-on-Ice/before-Jimmy-V era).
Leading Australian law firm Hall & Wilcox is pleased to have advised Arena REIT on its recently announced capital raising to assist it in funding a number of acquisitions and maintain balance sheet capacity for future growth opportunities. Arena is an ASX300 listed property group that owns, manages and develops social infrastructure properties across Australia.
Defendant successfully relies on statutory defences to defeat rider’s claim for fall from ‘spooked’ horse
On 28 September 2012, the plaintiff, Kerrie Menz (plaintiff), was riding her horse (‘Sonny’) in a warm-up area of the Wagga Wagga Showground (showground). A group of children nearby made contact with a metal sign on the fence, which caused a loud noise. This noise startled another horse ‘Banjo’, which in turn spooked Sonny. Sonny faltered and fell onto his right side while the plaintiff was still in the saddle.