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Searching Content indexed under Arbitration & Dispute Resolution 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
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
6
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
7
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
8
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
9
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
10
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
11
Carving out the principles: a comparative review of the Australia and UK Lyrica cases
The differences seem to be from matters of expert evidence more than major variations in application of legal principle.
Australia
24 Nov 2016
12
Making a public interest immunity claim? New guidance on what you need to consider
Recent public interest immunity cases give useful guidance for government entities who may be contemplating such a claim.
Australia
1 Aug 2016
13
The state as a model litigant: reading between the Guidelines
The Victorian Model Litigant Guidelines require the State to act in accordance with the highest professional standards.
Australia
1 Aug 2016
14
CU LAB: Trends in commercial litigation
Businesses should always be ready for litigation against them, but some trends are making certain types more likely.
Australia
28 Apr 2016
15
Hilary Heilbron QC gives 14th Annual International Arbitration Lecture
Three factors generate unpredictability in arbitration: diversity, discretion, and decision-making dynamics.
Australia
15 Dec 2015
16
Engaging an expert for dispute determination
Parties must understand what the process entails and why it would be beneficial for the determination of their disputes.
Australia
15 Dec 2015
17
Dynamics, discretion and diversity - A recipe for unpredictability in international arbitration?
The 2015 annual International Arbitration Lecture was given by Hilary Heilbron QC, from Brick Court Chambers in London.
Australia
 
14 Dec 2015
18
Drafting ADR clauses: Don't let bad drafting derail your resolution
Process, requirements for negotiations, and rights of appeal should all be specified clearly in an ADR clause.
Australia
21 Oct 2015
19
Apprehended bias: Apprehended easily but difficult to establish
It is actually difficult as a matter of law to establish an appearance of bias - it is dependent on degree and context.
Australia
20 Oct 2015
20
Investment protection and dispute resolution under the TPP
Investors who have suffered loss on an investment in a TPP member state could consider Investor-State Dispute Settlement.
Australia
20 Oct 2015
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