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Searching Content indexed under Court Procedure 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
Managing litigation risk, Part 3: managing litigation and regulatory action
Practical steps can help your businesses to manage litigation and regulatory action.
Australia
11 Jun 2017
3
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
4
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
5
The battle without the war – recovering costs in interlocutory matters not litigated to finality
Considering costs issues early in the process of seeking injunctive relief can facilitate more efficient recovery.
Australia
17 Mar 2017
6
New Expert Witness Code of Conduct for proceedings in NSW courts – are you complying?
If you don't comply with the Expert Witness Code of Conduct, your expert evidence will not be admissible in NSW courts.
Australia
8 Feb 2017
7
Damaged reputation, or mere soapboxing? Knocking out defamation claims as an abuse of process
If the true purpose is not vindication of reputation, it may be appropriate to apply to permanently stay the proceeding.
Australia
28 Nov 2016
8
Queensland – Employer's vicarious liability expanded by abolition of sexual abuse civil action limitation periods
This reform will be particularly relevant to employers who may be vicariously liable to victims abused by employees.
Australia
11 Nov 2016
9
Legal unreasonableness back in season — with mixed success
Recent Full Federal Court decisions reinforce the limits of seeking judicial review for legal unreasonableness.
Australia
1 Jul 2016
10
Adjudication determinations under SOPA may be quashed for non-jurisdictional errors of law
This decision is likely to have wide-ranging ramifications for all participants in the construction industry in NSW.
Australia
 
22 Jun 2016
11
Liquidator finds new way to get extension of time to bring unfair preference claim
This decision may give liquidators greater scope to find a possible extension of time-frames in which they have to work.
Australia
17 Apr 2016
12
Resisting a subpoena as a non-party: When can oppression be put as a basis to set it aside?
Receiving a subpoena, as a non-party or as a third party to the proceedings, can be a daunting and burdensome experience.
Australia
22 Mar 2016
13
Third party notices: what costs can be claimed by receiving parties?
Costs and expenses of producing a document must be borne by the party seeking production, subject to a court assessment.
Australia
7 Mar 2016
14
Obtaining orders for substituted service: a practical guide
This article sets out the basics of substituted service and provides practical guidance for obtaining an order for it.
Australia
21 Oct 2015
15
Proportionate liability - managing disputes and risk in the wake of Selig
Plaintiffs can avoid the operation of the proportionate liability regime by pleading and providing non-apportionable claims.
Australia
20 Sep 2015
16
A question of law: The Full Federal Court allows greater flexibility for AAT appeals
Federal Court judges are embracing a new "substance rather than form" approach to identifying questions of law.
Australia
9 Sep 2015
17
Injunctive relief and concurrent patent applications: do they overlap?
The legal principles concerning the grant or refusal of a patent are not co-extensive with those of breach of confidence.
Australia
1 Sep 2015
18
Common funds not so common in Australian class actions - yet
Although they did not succeed in Allco, litigation funders will continue to seek common fund orders, and could succeed.
Australia
25 Aug 2015
19
It's not your fight, but you've still got to swing some punches: dealing with third party subpoenas
It's s smart to minimise the cost of subpoena compliance upfront by checking its scope and reasonableness.
Australia
20 May 2014
20
Parties not entitled to leisurely expanse of time to develop dud arguments
The Court rejected Gujarat's arguments that it had been denied an opportunity to present its case or procedural fairness.
Australia
12 Nov 2013
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