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Searching Content indexed under Trials & Appeals & Compensation by Clayton Utz ordered by Published Date Descending.
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1
Exclusive native title, extinguishment and compensation: lessons from the Yindjibarndi decision and the Timber Creek appeal
Resource companies should ignore alarmist headlines and possible compensation and focus on established legal principles.
Australia
7 Aug 2017
2
More than just semantics - Full Court clarifies when damages can be recovered for unjustified threats of patent infringement
The terms of the section limit recoverable damage to damages sustained "as a result of the threats" of infringement.
Australia
31 Mar 2017
3
Landmark damages decision sets new benchmark for patent infringement claims against generic companies
It was unusual that Bayer elected to seek damages for patent infringement, rather than an account of profits.
Australia
23 Mar 2017
4
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
5
CU LAB: Clauses for recovery of legal costs: what protection do they provide?
Peter Sise explores how your contractual clause for recovery of legal costs might not do what you think it does.
Australia
28 Sep 2016
6
Court clarifies when the ACCC can put your assets in the deep freeze in consumer harm cases
Freezing orders under the ACL are to preserve assets to meet orders for compensation, not to meet pecuniary penalties.
Australia
5 Sep 2016
7
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
8
UK's highest court provides guidance on contractual penalty clauses
This guidance by the UK Supreme Court will almost certainly influence the way that Australian courts approach a penalty.
Australia
1 Dec 2015
9
On second thoughts… Revisiting decisions relying on the Acts Interpretation Act 1901
The Acts Interpretation Act 1901 (Cth) does not give decision-makers an automatic right to revisit a decision.
Australia
17 Nov 2015
10
Apprehended bias: Apprehended easily but difficult to establish
It is actually difficult as a matter of law to establish an appearance of bias - it is dependent on degree and context.
Australia
20 Oct 2015
11
High Court clarifies the scope of the proportionate liability regime in the Corporations Act
The proportionate liability regime in the Corporations Act was limited to the claim of misleading or deceptive conduct.
Australia
18 May 2015
12
ICAC v Cunneen: implications for corruption watchdogs
The High Court's ruling in Cunneen seems to restrict the jurisdiction of ICAC.
Australia
3 May 2015
13
Counting the costs in the Queensland Planning and Environment Court
In pursuing or resisting a proceeding, parties must carefully consider whether there are reasonable prospects of success.
Australia
11 Mar 2015
14
Court declines to imply words of limitation into treatment order power
A recent Supreme Court decision provides some insight into how courts approach invitations to read words into a statute.
Australia
6 Feb 2015
15
Bikini brouhaha: Calculating damages for copyright infringement
Copyright infringers may be liable for damages for lost profits and reputational loss and maybe even conversion damages.
Australia
6 May 2014
16
How the rules of procedural fairness may apply to private organisations
Private organisations may have to observe procedural fairness in regard to rights, interests or legitimate expectations.
Australia
29 Sep 2013
17
Back to the future: High Court decisions confirm a more literal approach to statutory interpretation
The task of statutory construction must begin with close consideration of the text, free from policy considerations.
Australia
2 Aug 2013
18
The High Court talks sense about proportionate liability
The decision in the Hunt & Hunt case mean that a court is more likely to find that defendants are concurrent wrongdoers.
Australia
20 Jul 2013
19
Pre-litigation discovery to identify or locate a defendant - NSW Court of Appeal explains the rules
Preliminary discovery and inspection to reveal a person's identity or whereabouts is often called "identity discovery".
Australia
13 Apr 2012
20
Straight from the horse's mouth: dealing with unrepresented litigants
You don't have to do their work for them, but patience and plain-speaking will go a long way with unrepresented litigants.
Australia
13 Apr 2012
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