Mondaq Australia: Litigation, Mediation & Arbitration
Corrs Chambers Westgarth
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Holding Redlich
A person could be held liable for defamatory comments made by other social media users to that person's original post.
Corrs Chambers Westgarth
This paper considers challenges to jurisdiction arising from a claim that there is no valid arbitration agreement.
Holding Redlich
The NSW Court of Appeal has refused to set aside a subpoena requesting the disclosure of certain telephone recordings.
McCullough Robertson
A decision has not yet been made as to whether the Act will be amended to allow corporations to sue for defamation.
Corrs Chambers Westgarth
The article considers the VLRC narrower and more cautious approach, and compares key recommendations with ALRC proposals.
Gilchrist Connell
An appellate Court that is asked to disregard any adverse impressions of the trial judge has not seen the testimony.
Bartier Perry
If experts act as an advocate for the party which retained them, they can place their reputation and future work at risk.
Norton Rose Fulbright Australia
The terms of reference of the inquiry require the ALRC to consider two overarching issues of the class action regime.
HBA Legal
The court held that a reasonable person in the same position would not have done anything more than it had already done.
Marque Lawyers
The Singapore Convention on Mediation permits most settlement deeds or arrangements to be enforced in signatory states.
ClarkeKann Lawyers
You should understand what limitation periods apply to your proposed claim, if they have expired or are near to expiring.
Gilchrist Connell
The overarching principles of negligence are based on what a reasonable person, not a perfect person, would have done.
Carroll & O'Dea
This paper deals with current developments in the areas of workers compensation and motor accident compensation in NSW.
Clyde & Co
The Government of the Commonwealth of Australia has established the National Redress Scheme in response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.
Holding Redlich
The Court of Appeal reduced her damages sum to just $600,000, after finding she was not entitled to any economic losses.
Clyde & Co
The first seven days of evidence in the coronial inquest into the deaths of four members of the public (Roozi Araghi, Luke Dorsett, Kate Goodchild and Cindy Low) ...
Corrs Chambers Westgarth
The article considers four key proposals that the ALRC has set out in the discussion paper for class action reform.
HHG Legal Group
The case hinges on the search engine's results, which linked Michael to convicted felons from Melbourne's underworld.
Colin Biggers & Paisley
The lawyers had breached their duty of care, so the prime issue was the applicable law for the assessment of damages.
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
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.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Carroll & O'Dea
If you are injured and NOT at fault, make a claim for your treatment costs, lost wages, rehabilitation costs and care.
Sparke Helmore Lawyers
Australian courts may give consideration to the decision, but an international treaty does not automatically have force.
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.
HBA Legal
The court held that a reasonable person in the same position would not have done anything more than it had already done.
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