Mondaq Australia: Litigation, Mediation & Arbitration
KordaMentha
The article provides insights into being retained as an expert witness in Arbitration, Court and other proceedings.
McCullough Robertson
McCullough Robertson
Freezing orders may be available to preserve the assets of the other side in international arbitration proceedings.
Coleman Greig Lawyers
Unless an adjudicator has made an error of jurisdiction in their determination, a court has no power to overturn that ruling.
Holding Redlich
The updated NCAT Direction suggests that a new rigour will be applied by the Tribunal in dealing with expert evidence.
Jones Day
Twenty-five years after the introduction of Australia's federal class action regime, class action law remains a significant element of the country's litigation landscape.
Stacks Law Firm
Articles discusses when a duty of care is owed, when it is ok to film and protections for good samaritans.
Colin Biggers & Paisley
This case concerned an application for costs, including investigation costs, in relation to an enforcement order.
Colin Biggers & Paisley
The Court decided that its broad power was capable of returning the development application to the decision-making stage.
Colin Biggers & Paisley
The main issue was whether all parties were entitled to documents received by the developer on its prospects of success.
Colin Biggers & Paisley
The Court did not find that any of the grounds had been made out, so decided not to grant the declaratory relief sought.
Colin Biggers & Paisley
It was held appropriate to order costs in favour of the Council to compensate the Council for wasted costs and expenses.
Colin Biggers & Paisley
The Court did not consider that it was unreasonable for Mr and Ms Barnes to not accept the Council's Calderbank offer.
Colin Biggers & Paisley
The Court considered that the issue to award costs was a balancing exercise between public interest and appeal success.
Colin Biggers & Paisley
The award of costs is in the Court's discretion and is to be exercised judicially on the basis of justifiable reasons.
Colin Biggers & Paisley
This case concerned an application in a pending proceeding which sought the determination of a preliminary point.
Colin Biggers & Paisley
The case was an application for another inclusion in a proceeding requesting a further change to a development approval.
Colin Biggers & Paisley
The Court found that the owner never had any reasonable prospect of success and ordered that the owner pay all costs.
Kott Gunning
Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.
Kott Gunning
Legal professional privilege in documents provided to experts can be waived by service of that expert report on the other party.
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
Holley Nethercote commercial & financial services lawyers
The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Sparke Helmore Lawyers
Australian courts may give consideration to the decision, but an international treaty does not automatically have force.
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