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Searching Content indexed under Litigation, Mediation & Arbitration by Kott Gunning ordered by Published Date Descending.
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1
Parliament to consider class actions regime for WA
If this Bill becomes law, it will be interesting to see how a class actions regime affects the WA litigation landscape.
Australia
10 Jul 2019
2
Inactive cases in the Magistrates Court of WA – A frenzy of inactivity
The Magistrates Court of WA seems to have "re-activated" cases that were thought to have been dismissed for inactivity.
Australia
10 Jul 2019
3
Small slips sink statutory demands
If you don't get the processes right, a court can set aside the CSD and order you to pay the debtor company's costs.
Australia
27 May 2019
4
Straight from the horses mouth: Judge sets out how trials will now run in District Court of WA
The case is important to WA lawyers and their clients, as it changes how to prepare for trial in the District Court.
Australia
27 May 2019
5
Giving evidence before the WA State Administrative Tribunal
Giving evidence before the tribunal can be daunting, so this article is a quick guide to the process of giving evidence.
Australia
22 Mar 2019
6
The jurisdiction of the State Administrative Tribunal to resolve disputes when a party moves interstate
If a party moves interstate at any time before the resolution of the matter, the Tribunal ceases to have jurisdiction.
Australia
18 Jan 2019
7
The surprising cost of a piercing noise - Insights from Hooker v Allied Pumps Pty Ltd (No.2) (2018) WADC 129
The plaintiff suffered spinal injuries when he was startled by a loud alarm activating in close proximity to him at work.
Australia
19 Dec 2018
8
Be prepared, or be better prepared – costs of arbitration: Insight from Rodgers v Amcor Ltd [2018] WADC 134
The case involved an appeal from Workcover WA in relation to a costs order made directly against the worker's lawyers.
Australia
17 Dec 2018
9
Caveats Series – Part 2: Can I lodge a caveat?
Any individual or body corporate can lodge a caveat over a specific property, but you must have a caveatable interest.
Australia
8 Sep 2018
10
What is the Australian Financial Complaints Authority (AFCA)?
AFCA will deal with any complaints from individuals and small businesses in relation to financial services and products.
Australia
8 Sep 2018
11
Look out! Pedestrians running in front of vehicles - avoidable or not?
The Court needed to determine if the defendant was negligent when the pedestrian ran across the path of her vehicle.
Australia
30 Aug 2018
12
SAT – Costs application in review proceedings dismissed
The WA judge considered the case was a genuine planning dispute, so the making of a costs application was unreasonable.
Australia
18 May 2018
13
Hold on! Do not enforce the judgment! I have lodged an appeal!
Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.
Australia
3 Apr 2018
14
Documents provided to an expert - have you waived privilege?
Legal professional privilege in documents provided to experts can be waived by service of that expert report on the other party.
Australia
3 Apr 2018
15
Appeals from Workcover WA to District Court of WA – What is a question of law?
To appeal to the District Court, the threshold question for such an appeal is if the appeal involves a question of law.
Australia
1 Mar 2018
16
Assessing damages for injuries sustained as a 7-year old, 14 years later
Liability for the accident had been admitted by the Defendant so the judgment only dealt with the assessment of damages.
Australia
21 Dec 2017
17
Promised the family property but the promise has been broken – Insight from Currie v Currie [No 2] [2017] WASC 312
If the promise of family property has been broken, you may be able to enforce it through a proprietary estoppel claim.
Australia
4 Dec 2017
18
Impending insurance indemnity ruled not enough to set aside a statutory demand
An undetermined claim for insurance indemnity was declared not to be sufficient to set aside a statutory demand.
Australia
4 Dec 2017
19
Supreme Court of South Australia increases exemplary damages award.
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.
Australia
29 Nov 2017
20
The Workers Compensation and Injury Management Amendment Bill 2017 (WA) – what you need to know
Bill aims to increase entitlements for dependants of deceased workers and to simplify and expedite the claims process.
Australia
29 Nov 2017
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