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Searching Content indexed under Arbitration & Dispute Resolution by Colin Biggers & Paisley ordered by Published Date Descending.
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1
Alize decision highlights duty of ship owners to ensure seaworthiness
The inadequate passage plan caused the casualty and owners failed to exercise due diligence to make the vessel seaworthy.
Australia
19 Aug 2019
2
Third parties left to foot the dispute settlement bill
Subcontractors may be worse off in a claim against them if it is made after a settlement between the other parties.
Australia
7 May 2018
3
Court found that privacy did not outweigh the level of amenity expected in Spring Hill
The Court did not find that any of the grounds had been made out, so decided not to grant the declaratory relief sought.
Australia
5 Apr 2018
6
Airport operator found negligent for aircraft collision with a kangaroo
Kangaroos are a foreseeable risk for operators of airports in Australia, so operators must take action to minimise risks.
Australia
19 Mar 2018
7
High Court clarifies challenging security of payment scheme adjudications
The courts do not have the jurisdiction to quash adjudication determinations for non-jurisdictional errors of law.
Australia
12 Mar 2018
8
Court considers whether indexation applies to deductible under captive insurers policy
The Court held that the indexation applied to the deductible under the Policy and so the insured's claim was dismissed.
Australia
15 Jan 2018
9
Court finds loss-making opportunity does not preclude awardof substantial damages
This case highlights considerations to succeed in an award of substantial damages for loss of a commercial opportunity.
Australia
10 Jan 2018
10
Commencing proceedings before complying with dispute resolution procedures under a contract
Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.
Australia
11 Dec 2017
11
McKenzie friends no more: Arbitration considerations for employers
This recent decision will reduce the role that lawyers and other representatives could play at the FWC in some matters.
Australia
4 Dec 2017
12
Failure to DIY - Determination set aside as adjudicator relies on third-party assistance
The role of adjudicator is personal and a determination is void if the adjudicator impermissibly delegates the function.
Australia
16 Oct 2017
13
Queensland Land Court dismisses application for costs after determining conduct was neither vexatious or frivolous
The Court found it was entirely reasonable to withdraw, after a re-evaluation of prospects from the experts' meeting.
Australia
16 Oct 2017
14
Non-assistance clauses in settlement agreements in light of Commonweath v Sanofi
The decision highlights the care and consideration necessary if drafting settlement agreements for multi-party disputes.
Australia
2 Oct 2017
15
Decision in the Victorian Supreme Court to revolutionise e-discovery in large scale litigation
This recent decision introduced the use of technology assisted review (TAR) for managing civil litigation in Australia.
Australia
7 Aug 2017
16
Apportionment is not relative: lessons for defendants in dependency claims in NSW
This dependency claim under the CRA was not an "apportionable claim" within the meaning of the Civil Liability Act 2002.
Australia
14 Jun 2017
17
Victorian Supreme Court provides clarity for lawyers acting in pro bono litigation
Victorian legal practitioners acting pro bono in successful matters can now recover costs from unsuccessful parties.
Australia
5 Jun 2017
18
Road blocks to suing a public authority for negligence
There are strict thresholds of reasonableness and knowledge to be met before a public authority can be found negligent.
Australia
5 Jun 2017
19
Compliance with a statutory demand - does 21 days mean 21 days?
The 21 day time limit for complying with a creditor's statutory demand means just that, regardless of public holidays.
Australia
3 Apr 2017
20
Substitution of defendants - Get it right or pay the price
The judge allowed the substitution of a defendant, but ordered the plaintiffs to pay the costs of the application.
Australia
13 Mar 2017
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