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- Special leave transcript for the wrongful birth claim: Nouri v Australian Capital Territory.
As mentioned late last week, the High Court of Australia refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory  ACTCA 1 (available on Austlii). The transcript of the oral argument in the leave application is now available: Nouri & Anor v Australian Capital Territory  HCATrans 167 (on Austlii)....
- The Future Remains Uncertain as Australia Introduces Its New Debtor-in-Possession Insolvency Laws
In late September 2020, the federal government announced that it would be introducing changes to Australia’s Corporations Act (Act) and the most significant amendments to the corporate insolvency regimes in decades. The main objective is to help the small business sector deal with and overcome the economic, financial and trading challenges posed by the ongoing...
- Expected handwashing rise not reflected in surveys in Australia, U.S.
There has been no large increase in Australians washing their hands since this time in 2019, according to a survey. The Food Safety Information Council (FSIC) said as handwashing was a major component of a national campaign to reduce the risk of catching COVID-19, the lack of improvement was a “considerable surprise.” Research was conducted...
- Special leave refused in wrongful birth claim: Nouri v Australian Capital Territory.
The High Court of Australia today refused an application for special leave to appeal the decision of Nouri v Australian Capital Territory  ACTCA 1 (available on Austlii). The appeal and the leave application focused on causation issues. The transcript of the oral argument is not yet available on Austlii.
- Legaler Aid Aims To Tackle The Justice Gap Through Crowdfunding And Blockchain
Way back in 2018, I reported here on the plan by Australia-based company Legaler to create a blockchain-based legal charity to allow social justice legal cases to be supported through crowdfunding and matched with lawyers willing to handle them. Today that project, Legaler Aid, is officially launching, promising to connect litigants in social justice cases...
- Cleary Gottlieb Discusses the Morrison Decision, 10 Years On
Ten years ago, the U.S. Supreme Court issued its landmark decision in Morrison v. National Australia Bank Ltd., which limited the extraterritorial application of the federal securities laws in order to prevent the United States from becoming “the Shangri-La of class-action litigation for lawyers representing those allegedly cheated in foreign securities markets.” In Morrison, the...
- David Ipp
The Sydney Morning Herald has reported the passing of David Ipp QC, formerly a Judge of the Supreme Court of Western Australia, a Justice of the New South Wales Court of Appeal and a Commissioner of the NSW Independent Commission against Corruption. He was also of course the chair of the panel which produced the...
- Joint Cybersecurity Advisory Issued by Australia, Canada, New Zealand, the UK and the US
On September 1, the cybersecurity authorities of Australia, Canada, New Zealand, the United Kingdom, and the United States issued a joint advisory highlighting technical approaches to uncovering malicious cyberactivity, with suggested mitigation practices. One suggestion is to analyze data in various ways to identify normal traffic patterns, so that anomalous activity is more easily identified....
- A DIP of the toe into US Chapter 11 waters for Australia
The Australian Government announced two new restructuring and insolvency processes for small businesses (having liabilities of less than AU$1 million).
- The Impact of the Morrison Decision After Ten Years
It has been ten years since the U.S. Supreme Court issued its landmark opinion in Morrison v. National Australia Bank, in which the Court clarified that the U.S. securities laws applies only to securities transactions that take place in the United States, either on an exchange or otherwise. While the decision has had a significant...
- No-Fault Auto Insurance Presentation
I spoke at the 6th World Congress on Brain Injury in Australia about the various schemes that exist in the United States, and primarily in New Jersey, regarding no-fault insurance. My intent was to warn the Australians, who in a number of states recently enacted no-fault guidelines, about the...
- Study: Cut antibiotic use in food animals
Scientists say Australia’s restricting of antibiotic use in food-producing animals may be linked with lower levels of drug-resistance among its citizens. Government scientists say Campylobacter jejuni is a leading bacterial cause of foodborne illness in industrialized nations. Drug resistance can...
- Bax assay for fast accurate ID of campylobacter
Oxoid, marketing partner for the DuPont Qualicon Bax system in Europe, Australia and Canada, announces the launch of the new Bax real time PCR assay for Campylobacter Most current screening procedures for Campylobacter are culture-based, take at least three days for a result and do not...
- Australia law blogs: New Melbourne-based trade marks law blogger speaks
Nicholas Weston’s Australian Trade Marks Law Blog is the latest addition to our growing number of international blogs, and the first from a client based out of Australia. But Nicholas Weston isn’t just the name of the firm – it’s also the name of the Melbourne-based attorney who founded it, who...
- The Joker
Heath Ledger, famous for his protrayal of Ennis Del Mar in Brokeback Mountain (2005). died January 22, 2008. He had just finished filming the latest Batman movie, The Dark Knight, where he played The Joker: The Clown Prince of Crime. The Harlequin of Hate. The Ace of Knaves. According to The New...
- Australian Occupational Health and Safety Attorney Warns of Potential Nano-EHS “Epidemic”
A high-profile occupational health and safety attorney was interviewed yesterday on ABC Local Radio in Australia regarding potential workplace safety risks accompanying exposure to certain nanoscale materials in some circumstances. The reporter conducting the interview evidently led off the radio...
- “Crawfishing” – Passengers in P & O Cruises Death Case Can’t Remember A Thing
The criminal trial in Australia regarding the death of Dianne Brimble on P & O Cruises’ Pacific Sky continues with key witnesses having a complete lapse of memory. In a previous article, I commented on the danger of passengers, like Ms. Brimble, being given “Fantasy” or other date rape drugs on...
- Supremes Take Aussie Securities Case
Seldom does Blawgletter get the chance to copy something we wrote a year ago, plop it into a post, and hit “Publish”. The Supremes gave us the excuse today by granting cert in Morrison v. Nat’l Australia Bank Ltd., No. 08-1191 (U.S. Nov. 30, 2009), about which we noted last October: Down Under...
- Dianne Brimble Re-Trial Begins
Newspapers in Australia are reporting that the re-trial of Mark Wilhelm, the man charged with the death of cruise passenger Dianne Brimble on the P and O cruise ship Pacific Sky, began today, Ms. Brimble died in Mr. Wilhelm’s cabin on the P and O cruise ship seven years ago. Ms. Brimble’s death...
- Guest Post: A Response to the Vivendi Plaintiffs About Morrison v. National Australia Bank.
Earlier this week, I hosted a guest post from the counsel for the plaintiffs in the Vivendi securities class action lawsuit, in which plaintiffs’ counsel summarized their position on the impact that the U.S. Supreme Court’s decision in Morrison v. National Australia Bank had on their case. In...