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Searching Content indexed under Arbitration & Dispute Resolution by Kott Gunning ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
He either had Nic Naitanui-like skills, or the boundary line was too close to the fence
Without effective delegation, the Council still owed a duty of care to ensure the safety of users of the facility.
Australia
29 Sep 2017
10
Forging new law in insolvency - cases and developments coming out of the collapse of the Forge Group
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Australia
1 Aug 2017
11
What is the meaning of 'Error of Law' and 'A question of law is involved' in a workers' compensation context?
His Honour undertook an exhaustive examination of the Dispute Resolution System and the roles and powers of Arbitrators.
Australia
3 Mar 2017
12
Section 60 of the Workers' Compensation and Injury Management Act - when a genuine dispute is not enough
The Arbitrator does not need to look behind the declared attitude of the employer provided it is sincere and serious.
Australia
24 Feb 2017
13
Costs order made against a worker by an arbitrator at WorkCover WA upheld by WA District Court judge
The decision demonstrates that workers may face costs implications if they fail to particularise their expenses sought.
Australia
25 Dec 2016
14
WA Supreme Court rules on jurisdiction in international arbitrations
When parties include an arbitration clause in their agreement, they expect to be able to stay out of the courtroom.
Australia
4 Sep 2016
15
Getting your termination notices right – When near enough is not good enough
If the termination notice is defective in any material way then the WA State Administrative Tribunal (SAT) has no power.
Australia
6 May 2016
16
Specific Performance or Rectification - equitable remedies for breach of contract
Rectification and Specific Performance are both equitable remedies inherited from the English legal jurisdiction.
Australia
26 Nov 2015
17
The cost of doing (WorkCover WA) business
The determination applies to the costs of legal practitioners and registered agents for work in WorkCover WA proceedings,
Australia
4 Aug 2015
18
Jurisdiction of the SAT (State Administrative Tribunal) clarified
The Supreme Court held that the SAT did not have the power to 're-characterise' the complaint or the appellant's conduct.
Australia
3 Mar 2015
19
Lease dispute arbitration award appeal denied
While the outcome in this case was a very clear victory for the landlord, certainly lessons need to be taken from it.
Australia
3 Dec 2014
20
Statutory demands – how to prove an offsetting claim in Western Australia
This decision has clarified what must be shown to set a statutory demand aside, making that task significantly easier.
Australia
9 Oct 2014
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