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Searching Content indexed under Court Procedure 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
Small slips sink statutory demands
If you don't get the processes right, a court can set aside the CSD and order you to pay the debtor company's costs.
Australia
27 May 2019
3
Straight from the horses mouth: Judge sets out how trials will now run in District Court of WA
The case is important to WA lawyers and their clients, as it changes how to prepare for trial in the District Court.
Australia
27 May 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
Caveats Series – Part 2: Can I lodge a caveat?
Any individual or body corporate can lodge a caveat over a specific property, but you must have a caveatable interest.
Australia
8 Sep 2018
7
SAT – Costs application in review proceedings dismissed
The WA judge considered the case was a genuine planning dispute, so the making of a costs application was unreasonable.
Australia
18 May 2018
8
Hold on! Do not enforce the judgment! I have lodged an appeal!
Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.
Australia
3 Apr 2018
9
Documents provided to an expert - have you waived privilege?
Legal professional privilege in documents provided to experts can be waived by service of that expert report on the other party.
Australia
3 Apr 2018
10
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
11
A long saga ends with dismissal of appeal in relation to claimed psychiatric injury
This case was useful to illustrate assessment of the operative factors in an action for damages for psychiatric injury.
Australia
1 Aug 2017
12
Protecting a party's position by injunction to prevent irreparable harm
An injunction is granted for the purpose of keeping matters in status quo until the rights are determined at trial.
Australia
8 Nov 2016
13
The hidden value of written facts in the WA Magistrates Court
The hidden value of providing written submissions to Magistrates during prosecutions was highlighted in this recent case.
Australia
27 Jul 2016
14
Anshun Estoppel – the risks of waiting, 25 years on
An Anshun estoppel can prevent a party from making claims which should have been pursued in earlier proceedings.
Australia
5 Jul 2016
15
District Court of WA jurisdiction – WorkCover appeal filed out of time?
Any parties should ensure that their application for leave to appeal is lodged within the time allowed under the Act.
Australia
5 May 2016
16
A timely reminder about time – the consequences of missing a common law limitation date in the WA workers compensation and common law scheme
The workers' compensation advisor failed to ensure that the plaintiff's common law action was commenced in time.
Australia
6 Apr 2016
17
Within the limitation period but abusing the process – A cautionary tale
A party who commences an action within the limitation period may still have their claim dismissed as an abuse of process.
Australia
12 Feb 2016
18
Two new Supreme Court decisions affect local government prosecutions in Western Australia
These decisions will affect the way in which WA local governments charge accused persons and serve prosecution notices.
Australia
1 Feb 2016
19
Supreme Court of WA clarifies Last Known Address for service of notices
These notices must be served to the address where the named person was last known to reside, work or conduct a business.
Australia
13 Jan 2016
20
Is evidence collected illegally always inadmissible?
In the event that evidence is unintentionally collected illegally there is a possibility that evidence can be admissible.
Australia
1 Jun 2015
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