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Searching Content indexed under Litigation, Mediation & Arbitration by Cooper Grace Ward ordered by Published Date Descending.
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1
New lemon laws for purchase of defective motor vehicles in force from 1 September
The laws give buyers greater protections when purchasing older vehicles and allow easier enforcement of consumer rights.
Australia
4 Sep 2019
2
Excess speed and contributory negligence – Ayre v Swan
NSW Court of Appeal increases a contributory negligence finding because of the grossly excessive speed of the plaintiff.
Australia
28 Aug 2019
3
Can I record my ex when we are talking to each other?
It is vital to be aware of the risks & to understand what you can & cannot legally do regarding secretly recording others.
Australia
20 Aug 2019
4
Who is liable when security guards act contrary to their instructions?
Recent case highlights that occupiers will only be liable for matters over which they have control.
Australia
30 Jul 2019
5
Mixed bag for Metcash distribution centre claim
Article discusses some useful findings on issues such as pick rates, which will be helpful to distribution centre operators.
Australia
30 Jul 2019
6
Is helping out at the greyhound track a dangerous recreational activity? It can be
The ‘dangerous recreational activity' defence is a fact sensitive enquiry, so aspects of the activity could be dangerous.
Australia
26 Jul 2019
7
The world is not a level playing field: City of Sydney overturns trip and fall verdict on appeal
This case highlights the difficulties that plaintiffs continue to face in footpath claims against public authorities.
Australia
12 Jul 2019
8
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
9
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
10
My ex has invited me to FDR or mediation – do I need to do mediation before I go to Court?
The purpose of engaging in Family Dispute Resolution (FDR) or mediation is to resolve matters before applying to court.
Australia
6 Jul 2019
11
Defamation: A business can be liable for defamatory comments on its Facebook page
The companies did 'publish' the comments, in that they provided the opportunity for the comments on their Facebook page.
Australia
3 Jul 2019
12
Practical tips for expert witnesses in the family law courts
A capable, sensible valuation expert is often an essential element in helping parties agree to a property settlement.
Australia
29 Jun 2019
13
QCA confirms school not liable for slip on grape by the teacher
Where a risk is foreseeable but highly unlikely to occur, employers are only expected to take reasonable precautions.
Australia
19 May 2019
14
No agreement? No worries – landholders reimbursed for the cost of negotiating CCAs even when agreement is not reached
The laws acknowledge that negotiation is part of a business transaction so landholders should be compensated accordingly.
Australia
19 May 2019
15
Legal professional privilege and tax audits
The ATO has recently moved its audit activity more towards sensible commercial tax planning rather than tax avoidance.
Australia
22 Apr 2019
16
The frying pan might be hot – community standards versus legal standards in contributory negligence cases
Where a system of work is deficient (or a safe system is not enforced), contributory negligence is not readily found.
Australia
9 Mar 2019
17
Serving a creditors statutory demand on a company where you are a director
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Australia
9 Mar 2019
18
Duty considerations muddy the waters
The dispute and the subsequent litigation can be attributed to the conflicting view of duty payable on the transaction.
Australia
19 Dec 2018
19
Employer ordered to compensate truck driver injured in punch-up
The employer was ordered to compensate a truck driver, injured when he became involved in a couple's domestic dispute.
Australia
10 Dec 2018
20
Setting aside a statutory demand on conditions: a double-edged sword?
Article reminds us that the court has the power to set aside the statutory demand on conditions.
Australia
8 May 2018
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