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Searching Content indexed under Litigation, Mediation & Arbitration by Clayton Utz ordered by Published Date Descending.
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1
High Court rejects review of SOP Act adjudication determinations for non-jurisdictional error
The availability of judicial review to quash an adjudication determination is limited to cases of jurisdictional error.
Australia
19 Feb 2018
2
Aboriginal cultural heritage management in disarray as Qld Supreme Court does away with the last claim standing rule
Legislative change is needed to clarify for Aboriginal parties just when the last claim standing rule does NOT apply.
Australia
19 Feb 2018
3
The importance of jurisdictional facts for administrative decision-makers
Jurisdictional facts are facts which must objectively exist before a statutory power is exercised by a decision-maker.
Australia
19 Feb 2018
4
Because the Court said so: the benefits of judicial advice for trustees
A trustee should always consider seeking judicial advice to avoid potential claims by unitholders for breach of trust.
Australia
19 Feb 2018
5
Rights holders rearmed with preliminary discovery powers by Full Federal Court
A prospective applicant for preliminary discovery need only prove that he believes that he MAY have a right to relief.
Australia
23 Dec 2017
6
Be careful what you click - jurisdictional issues lurk when contracting online
While it is easy to simply click the "I agree" button or similar, it is still advisable to skim the terms and conditions.
Australia
29 Sep 2017
7
Exclusive native title, extinguishment and compensation: lessons from the Yindjibarndi decision and the Timber Creek appeal
Resource companies should ignore alarmist headlines and possible compensation and focus on established legal principles.
Australia
7 Aug 2017
8
Class closure: facilitating the desirable end of settlement
Class closure orders are a vehicle through which some certainty and scope can be provided in an uncertain world.
Australia
23 Jul 2017
9
Is context really everything? Recent cases on context as a tool to interpret statutes
It is well accepted that when interpreting a statute, the starting point is the natural and ordinary meaning of the text.
Australia
11 Jun 2017
10
Managing litigation risk, Part 3: managing litigation and regulatory action
Practical steps can help your businesses to manage litigation and regulatory action.
Australia
11 Jun 2017
11
Getting to know the new Queensland Planning Act 2016: Offences, enforcement and P&E Court changes
Increases in penalties for development offences, and changes to how costs are awarded in the P&E Court are now in effect.
Australia
26 May 2017
12
Managing litigation risk - Part 1: stop disputes arising
Sensible and practical steps should help your business to reduce the risk of disputes from arising in the first place.
Australia
14 May 2017
13
An offer not to be refused: the cost(s) of unreasonable rejection of an offer of compromise
A justifiable and clear explanation must be given to the offeror as to the reasons why the offer is to be rejected.
Australia
14 May 2017
14
Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless…
An understanding of legal professional privilege and its scope is extremely important for existing and former directors.
Australia
2 May 2017
15
Playing by the rules: the law of social media competitions and promotions
Online competitions or promotions could inadvertently expose businesses to financial penalties and reputational damage.
Australia
2 May 2017
16
More than just semantics - Full Court clarifies when damages can be recovered for unjustified threats of patent infringement
The terms of the section limit recoverable damage to damages sustained "as a result of the threats" of infringement.
Australia
31 Mar 2017
17
Landmark damages decision sets new benchmark for patent infringement claims against generic companies
It was unusual that Bayer elected to seek damages for patent infringement, rather than an account of profits.
Australia
23 Mar 2017
18
The battle without the war – recovering costs in interlocutory matters not litigated to finality
Considering costs issues early in the process of seeking injunctive relief can facilitate more efficient recovery.
Australia
17 Mar 2017
19
New Expert Witness Code of Conduct for proceedings in NSW courts – are you complying?
If you don't comply with the Expert Witness Code of Conduct, your expert evidence will not be admissible in NSW courts.
Australia
8 Feb 2017
20
International arbitration and independence – off the beaten track
Counsel, experts and arbitral institutions should all owe a duty of independence, but enforcing it could be challenging.
Australia
12 Dec 2016
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