Mondaq Australia: Litigation, Mediation & Arbitration
Gilchrist Connell
Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.
Bartier Perry
The article looks at how documents produced under subpoena are admitted, and rights of persons producing those documents.
Jones Day
High Court concluded that security of payment legislation prohibits state courts from reviewing adjudication decisions for nonjurisdictional errors of law.
Stacks Law Firm
No matter how prepared you are or how strong a case you have, you may still lose so always seriously consider settlement. .
Jones Day
The actions confirm that Australian courts will only in very limited circumstances overturn a determination under the statutory adjudication process.
McCullough Robertson
Individuals may be liable to personally pay penalties for breaches of the FW Act and potentially the model WHS laws. .
Be careful not to rush through the process of documenting any settlement terms that have been agreed during mediation. .
McCullough Robertson
A court may impose a more onerous obligation than the implied undertaking in exceptional circumstances. .
Watkins Tapsell
If you have received a statement of claim, you have 28 days to consider your options and, if necessary, file a defence.
Holding Redlich
Although HC is yet to decide on jurisdiction of state tribunals the NSW Panel has come to its own conclusion. .
McCullough Robertson
This High Court case confirmed the long-held understanding that mere errors of law do not give rise to a right of review.
Holding Redlich
This article summarises our selection of the most relevant cases from 2017 and the key takeaways for business for 2018.
Clyde & Co
In The Thistle Company of Australia Pty Ltd v Bretz & Anor, a Queensland court again accepted the operation of an exclusion clause in a professional consultancy agreement.
Colin Biggers & Paisley
Houseboat driver found negligent under NSW Civil Liability Act for failing to warn houseboat would be reversed. .
Corrs Chambers Westgarth
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Surry Partners
This article explores both the benefits and pitfalls of commercial arbitration between disputing parties in Australia.
Sparke Helmore Lawyers
Judge dismissed Guidolin's application for an interlocutory injunction to prevent Finch from launching the B.O.D clothing range.
Worrells Solvency & Forensic Accountants
Australian Law Reform Commission is inquiring into class action proceedings and third party litigation funders.
Colin Biggers & Paisley
The Court held that the indexation applied to the deductible under the Policy and so the insured's claim was dismissed.
Kemp Strang Lawyers
This recent Federal Court decision re-affirmed the pro-arbitration stance being implemented by the Australian courts.
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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.
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.
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
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Holley Nethercote commercial & financial services lawyers
The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Sparke Helmore Lawyers
Australian courts may give consideration to the decision, but an international treaty does not automatically have force.
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