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Searching Content indexed under Court Procedure by Norton Rose Fulbright Australia ordered by Published Date Descending.
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1
Recent Victorian Supreme Court case casts doubt on enforceability of contract provisions seeking to impose a time limit on statutory claims
This was contrary to certain decisions in NSW, where limits on statutory remedies under the ACL were held enforceable.
Australia
7 Jun 2018
2
Mossgreen appeal dismissed by Federal Court
The Court was not satisfied that the administrators were entitled to an equitable lien of the kind and in that amount.
Australia
26 Apr 2018
3
Stopping and resetting the DA assessment period clock in NSW
A recent NSWLEC decision has clarified the process to be followed for formally amending a development application (DA).
Australia
18 Oct 2017
4
Litigation funders: do they have to provide security for costs?
A litigation funding agreement may not protect an insolvent or impecunious plaintiff from a security for costs order.
Australia
25 Aug 2017
5
Proposed legislative changes to the undoubtedly opaque and ambiguous Section 6
Unless and until the High Court resolves the uncertainties around section 6, legislative reform is the only way forward.
Australia
1 May 2017
6
Go fund me litigation – Does it have an impact?
Crowd funding via the pooling of funds for class actions has never been easier with these technological advancements.
Australia
1 May 2017
7
Self-represented litigants – New guidelines from the Law Society of New South Wales
Proceedings by a self-represented litigant raise issues not encountered when all parties have legal representation.
Australia
26 Apr 2017
8
Personalities in the Law: The lawyers in the litigation process
The litigation process for any single claim could be largely dependent on the personalities of the lawyers involved.
Australia
26 Apr 2017
9
Federal Court of Australia introduces Insurance List for short matters
The List is aimed at insurers, reinsurers, brokers and insureds, to resolve matters of policy interpretation quickly.
Australia
8 Jan 2016
10
Matton Developments Pty Ltd v CGU Insurance Limited [2015] QSC 72 - claim for damages under policy
The insurer used expert forensic evidence to contradict an 'eye witness' account and to justify a denial of indemnity.
Australia
28 Jul 2015
11
Guild Insurance Limited v Hepburn [2014] NSWCA 400: joinder of insurer to proceedings
The NSWCA held that the insurer could be joined to the proceedings but on a different basis, so the appeal was dismissed.
Australia
28 Jul 2015
12
Building actions in Victoria – When is it too late to claim?
The Brirek determination resolved the claims uncertainty between the Limitation of Actions Act and the Building Act.
Australia
2 Sep 2014
13
Limitation of liability, wilful misconduct and loss of insurance coverage – a round the world perspective
Under Australian law, the shipowner must have intended to cause the loss or knew that the loss would probably result.
Australia
31 Jul 2014
14
Productivity Commission foreshadows recommendation for all government agencies to prepare dispute resolution management plans
The Productivity Commission has released its draft report on 'Access to Justice Arrangements' for consultation and input.
Australia
29 Apr 2014
15
Health insurer’s right of subrogation to recover payments against its insured
The case is a reminder to insureds to be mindful of an insurer's rights of subrogation in the settlement of litigation.
Australia
1 Mar 2014
16
The progression of the staturory defence of proportionate liability – Hunt & Hunt and beyond
The defence of proportionate liability continues to gain ground as an effective vehicle to limit a defendant's exposure.
Australia
1 Mar 2014
17
Update on DPAs (Deferred Prosecution Agreements) in Canada
DPAs are sentencing agreements negotiated between a prosecution authority and a corporation charged with an offence.
Canada
25 Feb 2014
18
16/13 Friend & Ors v Brisbane City Council & Ors [2013] QPEC 23: development application
This was an application in a pending proceeding by the developer for various orders and to enforce the Collections Act.
Australia
4 Oct 2013
19
15/13 Cleveland Power Pty Ltd v Redland City Council & Anor [2013] QPEC 17: costs application
This was an application for costs brought by Cleveland Power against the Birkdale Progress Association.
Australia
4 Oct 2013
20
Emerging issues in the international growth and the internationalisation of class actions and other forms of collective redress: lessons from the domestic front?
Questions of litigation procedure are often a local matter, and means of collective redress are procedural in nature.
Australia
19 Jan 2013
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