Mondaq Australia: Litigation, Mediation & Arbitration
Corrs Chambers Westgarth
This decision could very likely assist in promoting Australia as a desirable venue for commercial arbitration.
Holding Redlich
The trials demonstrated that paperless hearings could be achieved inexpensively and without inconvenience to the parties.
Clyde & Co
Litigation funders have recently sought to improve their financial recoveries by applying to Australian Courts for ‘common fund orders' in class actions.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Jones Day
In McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd, the Court considered the defendant's application for a permanent stay of either of two open class actions commenced against it in circumstances where:
Vannin Capital
According to global law firm Norton Rose Fulbright, and as evidenced by the firm's 2016 Litigation Trends Annual Survey, the use of third party funders in commercial (and other) litigation...
Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Marque Lawyers
Once you know, or should reasonably know, that the material is defamatory, then you can be liable for publishing it.
Vannin Capital
In ‘the view from abroad' section, we take a closer look at Australia - one of the world's strongest and most progressive third party litigation funding markets
Gilchrist Connell
This SA decision reaffirmed that, with proper foresight, commercial occupiers can protect themselves from liability.
Jones Day
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere.
Norton Rose Fulbright Australia
The offer did not "represent a realistic attempt to sensibly negotiate and resolve a hard contested and complex case".
Sparke Helmore Lawyers
The test to be applied when deciding about summary judgment is whether there is a real or serious question to be tried.
Stacks Law Firm
The increased traffic noise made the residence uninhabitable and it needed to be relocated further from the new highway.
Colin Biggers & Paisley
The role of adjudicator is personal and a determination is void if the adjudicator impermissibly delegates the function.
Corrs Chambers Westgarth
This Twitter judgment is notable for any online platform or website which publishes confidential information.
Holding Redlich
The judgment discussed the limits of the Federal Court's jurisdiction to issue subpoenas under section 23 of the IAA.
Corrs Chambers Westgarth
There has been a rise of superior court applications by a party seeking to remove their opponent's lawyers.
Colin Biggers & Paisley
Circumstances can arise where a party is unable to strictly comply with rules governing disclosure of expert evidence.
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Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Norton Rose Fulbright Australia
A recent NSWLEC decision has clarified the process to be followed for formally amending a development application (DA).
DibbsBarker
AFCA will replace FOS, CIO and SCT, the three dispute resolution services currently in the banking and finance sector.
Baker & McKenzie
In the last week, there have been three reported matters which demonstrate the material consequences that Australian companies and individuals may face as a result of involvement in corrupt conduct.
Norton Rose Fulbright Australia
The case confirmed that in the end, the natural and ordinary meaning of a word is still the key to policy interpretation.
Gilchrist Connell
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Stacks Law Firm
Australians do not have a Bill of Rights or legal rights to free speech guaranteed under the Australian constitution.
Clayton Utz
While it is easy to simply click the "I agree" button or similar, it is still advisable to skim the terms and conditions.
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