Australia: Sovereign Immunity: Public Sector Government

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

High Court clarifies the tort of private nuisance as it applies to statutory authorities

Public authorities may be liable in private nuisance for construction impacts unless they can prove the interference was reasonable or inevitable.

Australia Litigation

B

Barry Nilsson

Australia | Five key lessons from the High Court's decision in the Commonwealth damages case

Commonwealth's status as a "body politic" will not preclude it from recovering damages on a patent owner's undertaking.

Australia Litigation

SF

Spruson & Ferguson

High Court says keep calm and don't get wound up (if you have foreign immunity)

Foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.

Australia Litigation

CC

Corrs Chambers Westgarth

Waiver of sovereign immunity from the jurisdiction of the Australian Courts

Foreign state immunity from Australian court proceedings was at the centre of both these recent cases.

Australia Litigation

HR

Holding Redlich

Federal Court finds India waived foreign state immunity in proceedings to recognise and enforce US$111 million award

Australia Litigation

CC

Corrs Chambers Westgarth

Cross Post: Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Worldwide Litigation

HS

Herbert Smith Freehills Kramer LLP

Federal Court Of Australia Affirms Jurisdiction To Enforce Arbitral Awards Against Foreign States Party To The New York Convention

Australia Litigation

HS

Herbert Smith Freehills Kramer LLP

A Ray Of Sunshine For Solar Energy Investors: High Court Of Australia Rejects Spain's Sovereign Immunity Plea Against Recognition And Enforcement Of ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

A guide to legal costs for medical negligence and public liability claims.

Australia Litigation

P

Polaris Lawyers

International Arbitration Comparative Guide

Australia Litigation

HS

Herbert Smith Freehills

Inquire, debate and legislate – the bounds of parliamentary privilege

Australia Litigation

MR

McCullough Robertson

National cabinet unlocked: AAT issues Freedom of Information ruling

Australia Litigation

HR

Holding Redlich

Court clarifies duty of care owed by Queensland local governments regarding road maintenance

Australia Government

CC

Corrs Chambers Westgarth

Fundamental tenets of international trade and investment agreements or sovereign immunity?

Australia Litigation

CC

Corrs Chambers Westgarth

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

Not every professional error leads to liability

Australia Litigation

B

Barry Nilsson

Tax Bites EP17: High Court Validates Foreign Surcharge Land Taxes: Implications And Analysis (Podcast)

KL

Herbert Smith Freehills Kramer LLP

Forced To Quit? The Hidden Cost Of Poor Investigations.

Australia Employment

CG

Clifford Gouldson Lawyers

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Attwells v Jackson Lalic: A Shock To Lawyers' Immune Systems

While there were no heroes, villains or shootings in Canberra last Wednesday morning, there was a partial revocation of the immunity from suit previously afforded to solicitors.

Australia Litigation

CC

Clyde & Co

Australian High Court Rules On Enforcing Foreign Judgments Against A Foreign State

A recent High Court of Australia decision considers the unique circumstances in which a foreign State is entitled to relief from a foreign judgment made against it.

Australia Litigation

CC

Clyde & Co

Queensland fire authority protected from negligence claim

The Hamcor decision highlights the need to take these immunity provisions into account in the decision making processes.

Australia Government

SH

Sparke Helmore Lawyers

The Eurozone crisis: a full business law service

The current economic problems in the Eurozone could affect businesses in a variety of ways, both direct and indirect.

Australia International

NR

Norton Rose Fulbright Australia

Sovereign immunity risk

Australia Government

NR

Norton Rose Fulbright Australia

Sovereign state risk

Australia Government

NR

Norton Rose Fulbright Australia

Report into Alcohol Related Violence

Australia Consumer

NR

Norton Rose Fulbright Australia

Indemnity clauses and hire agreements – when wide enough is not good enough

Australia Litigation

CG

Cooper Grace Ward

Search Warrant Invalid

Australia Litigation

CU

Clayton Utz

Inherently Dangerous Products - A Painful Cut

Australia Litigation

CU

Clayton Utz

Is A Repairer A Manufacturer?

Australia Anti-trust

CU

Clayton Utz

Federal Court Of Australia Grants Stay In Favour Of US District Court Proceedings, But Requires Parties To First Mediate In Australia

Australia Litigation

C

Curwoods Lawyers

US Supreme Court Rules Resale Price Maintenance Is Not Per Se Illegal

Australia Anti-trust

DP

DLA Piper Australia

Independent Contractions: The Legal Obligation Of A Principal Towards An Independent Contractor

Australia Litigation

W

Wisewoulds

Is A Repairer A Manufacturer?

Repairers who do not supply goods are not manufacturers under Part VA of the Trade Practices Act.

Australia Anti-trust

CU

Clayton Utz

Federal Court Of Australia Grants Stay In Favour Of US District Court Proceedings, But Requires Parties To First Mediate In Australia

An American company has partially succeeded in evading its (apparent) contractual obligation to mediate and submit to litigation in Australia, by "getting in first", i.e. filing an application for declaratory relief in the US District Court.

Australia Litigation

C

Curwoods Lawyers

US Supreme Court Rules Resale Price Maintenance Is Not Per Se Illegal

The Supreme Court in the United States has recently overturned a 96 year old precedent that resale price maintenance (RPM) is per se illegal.

Australia Anti-trust

DP

DLA Piper Australia

Independent Contractions: The Legal Obligation Of A Principal Towards An Independent Contractor

This article examines the legal obligation of a principal towards an independent contractor the circumstances in which such obligations are said to arise and their extent.

Australia Litigation

W

Wisewoulds

EK Nominees Pty Ltd v Woolworths Ltd Case Summary

Australia Litigation

ME

Minter Ellison

AstraZeneca Runs Out Of Puff

The "Seretide" war reached the Full Court of the Federal Court in Australia this month. The central issue in the case involved the question of whether two flyers sent to some 14,000 general practitioners in Australia and two advertisements published in "Australian Doctor" magazine relating to Glaxo's "Seretide" combination inhaler were misleading and deceptive or likely to mislead or deceive in contravention of the Australian Trade Practices Act.

Australia Healthcare

CU

Clayton Utz

The Australian Consumer Product Safety System - if it ain´t broke, should we fix it?

The Australian Productivity Commission has concluded that, on the whole, our current system of consumer product safety is working relatively well. There is no demonstrated economic need for any wholesale substantive reform.

Australia Healthcare

CU

Clayton Utz

Repco´s "Sizzling Sound Sellout" a Trade Practices Fizzer

Retailers should not make special offers to attract customers unless they have enough stock to meet reasonable customer demand during the advertised sale period. If particular items are available in limited quantities or at limited locations, this must be clearly communicated.

Australia Media & IT

CU

Clayton Utz

Payment Legislation - An Update On Overseas Developments

Reforms proposed in the UK could be relevant to Australian security of payment regimes. The New South Wales Building and Construction Industry Security of Payment Act 1999 has entered its sixth year of operation. Similar legislation is now in operation in Queensland, the Northern Territory and Western Australia. The NSW scheme has already undergone one series of amendments in 2002.

Australia Real Estate

CU

Clayton Utz

Threats and Opportunities in WTO GM Dispute

Australia Litigation

F

Freehills

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