Mondaq Australia: Litigation, Mediation & Arbitration
Dentons
Mr Defteros claimed damages for defamation against both Google Inc and its Australian subsidiary...
Norton Rose Fulbright Australia
Though it is still early days, the Insurance List appears to be providing a useful route to judgment for some parties.
Norton Rose Fulbright Australia
Proceedings by a self-represented litigant raise issues not encountered when all parties have legal representation.
Norton Rose Fulbright Australia
The litigation process for any single claim could be largely dependent on the personalities of the lawyers involved.
Bartier Perry
You should reach an agreement previously or have the costs assessed as soon as possible after the costs order is made.
Carroll & O'Dea
Expert witnesses play a crucial role in professional indemnity cases, and yet they are viewed with a lot of distrust.
Corrs Chambers Westgarth
Most securities litigation in Australia is about compensation claims for loss by misrepresentation or non-disclosure.
HBA Legal
The changes to the UK discount rate for future loss calculations may not be reflected in the Australian insurance market.
Colin Biggers & Paisley
The 21 day time limit for complying with a creditor's statutory demand means just that, regardless of public holidays.
Carroll & O'Dea
Courts in Australia have been less keen to consider the merits of the Oxford comma in the interpretation of a sentence.
Marque Lawyers
Suppression orders are often too broad, are unclear in their scope and terms and infringe too far on open justice.
Swaab Attorneys
The NSW Land and Environment Court has issued new practice directions for policies aimed at streamlining merit appeals.
Corrs Chambers Westgarth
In the Court's opinion, provision of information on a USB without more did not communicate written words as per the Act.
Stacks Law Firm
Gram Engineering sued BlueScope for infringement of its registered design of steel backyard fencing panel sheets.
Holman Webb
This NSW Appeal Court decision will hopefully provide more certainty around when discounts for betterment apply.
Coleman Greig Lawyers
The High Court decided that a reference date is a precondition to the making of a valid payment claim under the Act.
Jones Day
2016 was an important year for the development of class action jurisprudence in Australia. The year brought at least 25 new class action lawsuits and substantial settlements that will impact litigation moving forward.
Clayton Utz
Considering costs issues early in the process of seeking injunctive relief can facilitate more efficient recovery.
Bartier Perry
At both state and federal levels, a party with a "sufficient interest" may apply to fully or partly set aside a subpoena.
HBA Legal
Even if there are strong reasons to impugn a Plaintiff's credibility, it is open to the judge to accept his evidence.
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IndusLaw
The route to the Amendment Act has been a rather arduous.
Sibenco Legal & Advisory
Information Governance and Data Governance are both important as the volumes of data held by organisations increase.
Cooper Grace Ward
The plaintiff attempted to amend her statement of claim to make her pleaded case consistent with the expert opinion.
Colin Biggers & Paisley
Medical evidence was necessary to show actual physical damage to brain to satisfy the definition of a "bodily injury".
HHG Legal Group
Australia seems to be lagging behind the UK in awarding damages for loss of amenity to owners of defectively built homes.
Corrs Chambers Westgarth
The scope of the assignment of rights must be drafted clearly so as to objectively identify the intention of the parties.
Carroll & O'Dea
Expert witnesses play a crucial role in professional indemnity cases, and yet they are viewed with a lot of distrust.
Dentons
The recent Supreme Court of NSW decision by Ball J in Fairfield City Council v Abergeldie Contractors Pty Ltd1 (Abergeldie)...
Colin Biggers & Paisley
The 21 day time limit for complying with a creditor's statutory demand means just that, regardless of public holidays.
Dentons
The Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (Act) saved on a USB enclosed under a covering letter was not alone sufficient to effect service under the Act.
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