Mondaq Australia: Litigation, Mediation & Arbitration
Colin Biggers & Paisley
Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.
HHG Legal Group
Costs of individual risk taking are high notwithstanding laws limiting liability where the injured takes an obvious risk. .
Kott Gunning
An undetermined claim for insurance indemnity was declared not to be sufficient to set aside a statutory demand.
Kott Gunning
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.
Carroll & O'Dea
Medical manslaughter laws in UK and Australia are in principle the same but Australians are less willingness to prosecute. .
Marque Lawyers
Faruqi isn't suing Latham for accusations of anti-white racism - he claims that Latham suggests he encourages terrorism.
Carroll & O'Dea
Partners have rights and obligations to each other partner even after a partnership is dissolved. .
Corrs Chambers Westgarth
This decision could very likely assist in promoting Australia as a desirable venue for commercial arbitration.
Holding Redlich
The trials demonstrated that paperless hearings could be achieved inexpensively and without inconvenience to the parties.
Clyde & Co
Litigation funders have recently sought to improve their financial recoveries by applying to Australian Courts for ‘common fund orders' in class actions.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Jones Day
In McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd, the Court considered the defendant's application for a permanent stay of either of two open class actions commenced against it in circumstances where:
Vannin Capital
According to global law firm Norton Rose Fulbright, and as evidenced by the firm's 2016 Litigation Trends Annual Survey, the use of third party funders in commercial (and other) litigation...
Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Marque Lawyers
Once you know, or should reasonably know, that the material is defamatory, then you can be liable for publishing it.
Vannin Capital
In ‘the view from abroad' section, we take a closer look at Australia - one of the world's strongest and most progressive third party litigation funding markets
Gilchrist Connell
This SA decision reaffirmed that, with proper foresight, commercial occupiers can protect themselves from liability.
Jones Day
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere.
Norton Rose Fulbright Australia
The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
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Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
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.
DibbsBarker
AFCA will replace FOS, CIO and SCT, the three dispute resolution services currently in the banking and finance sector.
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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