Mondaq Australia: Litigation, Mediation & Arbitration
Sparke Helmore Lawyers
The test to be applied when deciding about summary judgment is whether there is a real or serious question to be tried.
Stacks Law Firm
The increased traffic noise made the residence uninhabitable and it needed to be relocated further from the new highway.
Colin Biggers & Paisley
The role of adjudicator is personal and a determination is void if the adjudicator impermissibly delegates the function.
Corrs Chambers Westgarth
This Twitter judgment is notable for any online platform or website which publishes confidential information.
Holding Redlich
The judgment discussed the limits of the Federal Court's jurisdiction to issue subpoenas under section 23 of the IAA.
Corrs Chambers Westgarth
There has been a rise of superior court applications by a party seeking to remove their opponent's lawyers.
Colin Biggers & Paisley
Circumstances can arise where a party is unable to strictly comply with rules governing disclosure of expert evidence.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Recently, in Melbourne City Investments Pty Ltd v. Treasury Wine Estates Limited, the Full Court of the Federal Court of Australia considered a primary judge's class closure order which broke new ground...
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Gilchrist Connell
In many personal injury cases, the plaintiff may be the sole source of evidence of the circumstances of an accident.
Dentons
The Court of Appeal has provided some valuable insights into the nature, content and relevant parameters of what constitutes "special circumstances" in the context of appeals to the NSW Court of Appeal.
Colin Biggers & Paisley
The decision highlights the care and consideration necessary if drafting settlement agreements for multi-party disputes.
Kott Gunning
Without effective delegation, the Council still owed a duty of care to ensure the safety of users of the facility.
Clyde & Co
On 13 September 2017, Justice Dixon handed down the judgement in Wilson v Bauer Media Pty Ltd & Anor [2017] VSC 521 (Wilson v Bauer) in the Supreme Court of Victoria.
Corrs Chambers Westgarth
Two regimes regulate arbitration in Australia, depending upon whether the arbitration is international or domestic.
Stacks Law Firm
Australians do not have a Bill of Rights or legal rights to free speech guaranteed under the Australian constitution.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
McCague Borlack LLP
On September 13, 2017, Justice John Dixon of the Supreme Court of Victoria, Australia, awarded Ms. Rebel Wilson an unprecedented $4,567,472 (AUD) in damages...
Dentons
The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal's decision in Mercanti v Mercanti [2016] WASCA 206...
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Gilchrist Connell
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Kott Gunning
Smartphones have made it easier to record life, with photographs, videos and audio recordings captured for evidence.
Norton Rose Fulbright Australia
The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
DibbsBarker
Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
Marque Lawyers
Rebel Wilson won her defamation case against the publishers of Woman's Day, over articles calling her a serial liar.
HHG Legal Group
The article notes high hopes for ODR, estimating that 20 percent of family law disputes could be resolved by the system.
DibbsBarker
It is critical to check whether service of documents by post will be recognised in the jurisdiction of the recipient.
K&L Gates
A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria.
Cooper Grace Ward
The draft bill proposes to introduce a court-appointed third party to be cross-examiner in family violence proceedings.
Jones Day
Australian courts have made "class closure" orders which require group members to come forward and register their interest.
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