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The Issue of Relevant and Irrelevant Considerations by MAS Review Panel Assessor Judicially Reviewed - Graovac v Motor Accidents Authority [2010] NSWSC 938 (Curwoods Lawyers)
  • In the absence of specific legislative limitations, a MAS Review Panel has the power to make a decision based on the information before it and give weight to that information in accordance with clinical judgment. The plaintiff sought judicial relief pursuant to Section 69 of the Supreme Court Act 1970 of a decision made by the MAS Review Panel.
  • Arbitration Agreements Should Identify Administering Institution as a Result of New York Appellate Court Ruling (Mayer Brown )
  • A New York state appellate court has ruled that a contract clause calling for arbitration "in accordance with the commercial "rules" of the American Arbitration Association" is insufficient to provide that the arbitration will be "administered" by the AAA. The
  • External Requests For Restraint Orders: King v. Director Of The Serious Fraud Office [2009] Ukhl 17 (6 King's Bench Walk)
  • The appeal in King v. Director of the Serious Fraud Office [2009] UKHL 17, concerned the scope of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181) (‘the Statutory Instrument’), which enables the Crown Court to make a restraint order at the request of a foreign state.
  • No Showing of Loss or Materiality Needed at Class Certification Stage According to United States Court of Appeals for the Seventh Circuit (Mayer Brown )
  • The United States Court of Appeals for the Seventh Circuit has issued an opinion that relieves plaintiffs in securities litigation from making any showing of loss or materiality at the class certification stage.
  • Ohio Education Law Monthly (September 2010) (Dinsmore & Shohl)
  • On June 22, 2010, the U.S. Department of Labor ("DOL") issued an Administrator's Interpretation publication that broadly defined who may be in loco parentis to a "son or daughter" for purposes of the FMLA.
  • White Collar Roundup (August 2010) (Day Pitney LLP)
  • Inspectors general may soon have broader investigative power. Congress is considering enacting the Inspector General Authority Improvement Act of 2010, which would give inspectors general the authority to subpoena nonfederally employed witnesses under some circumstances.
  • New Class Action Proposals: Ring Alarm Bells For Business (Truman Hoyle)
  • The NSW Attorney-General has this month announced plans to introduce new class action laws which will give the NSW Supreme Court the power to order that unclaimed damages awarded in class actions be paid to a public interest beneficiary which is not a party to, or represented in, the proceedings.
  • Shopping Centre Cleaning Case – Is My Cleaning System Reasonable? (Curwoods Lawyers)
  • An occupier of commercial premises owes a duty to take reasonable care to avoid a foreseeable risk of injury to a lawful entrant who is using reasonable care for his or her own safety.
  • NSW Announces Reforms to its Class Action Laws (Clayton Utz)
  • NSW's class action laws will be based on the Federal and Victorian regimes, but with some unique features.
  • Civil Dispute Resolution Bill - a Genuine Step Towards More ADR? (Clayton Utz)
  • Parties will be required to take "genuine steps" to resolve disputes before commencing certain proceedings in federal courts.