Mondaq Australia: Litigation, Mediation & Arbitration
The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal's decision in Mercanti v Mercanti [2016] WASCA 206...
Clyde & Co
Justice Beach determined that in circumstances where the competing proceedings presented many similar...
Corrs Chambers Westgarth
The case is a warning to applicants for leave to issue examination summons that they must make full and frank disclosure.
Holman Webb
This case provides clear guidance of the type of complaint which can easily be characterised as not made in good faith.
Kemp Strang Lawyers
The issue of the impartiality of arbitrators is of utmost importance to public confidence in the arbitration process.
Norton Rose Fulbright Australia
The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
Marque Lawyers
Rebel Wilson won her defamation case against the publishers of Woman's Day, over articles calling her a serial liar.
Bartier Perry
The reconsideration power under section 350(3) gives the Commission a wide discretion to reconsider previous decisions.
Jones Day
Australian courts have made "class closure" orders which require group members to come forward and register their interest.
Gilchrist Connell
If a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.
Sparke Helmore Lawyers
The NSW Court of Appeal found that there was no evidence that Woolworths' system of cleaning could have been improved.
Cooper Grace Ward
In addition to contractual remedies, breach of confidence may be a claim available to protect confidential information.
Kott Gunning
Where there is a risk of slips, trips and falls, this case shows that reasonable precautions are the key, not perfection.
Kott Gunning
Inconsistencies and insufficient detail in a party's evidence can detract from an otherwise straightforward case.
Bartier Perry
You should separate the documents attracting legal professional privilege from those that are commercially sensitive.
Surry Partners
The case is a reminder on the quite stringent requirements for experts' reports, including detailed expert reasoning.
Pointon Partners
In certain disputes, the law now requires that mediation must be attempted before court proceedings can be commenced.
Plaintiffs may need a court order that a defendant cannot deal with specific assets up to the amount claimed by him.
HBA Legal
The ongoing duty to disclose is inoperative in circumstances when legal professional privilege is claimed over documents.
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Carroll & O'Dea
The full impact will be felt when payments cease after the five-year grace period, with many unprepared for the changes.
Thynne & Macartney
The High Court will decide the question of whether adjudicators decisions are open for review (can appeal to a court).
Norton Rose Fulbright Australia
The stated objective of AFCA is to provide a 'one stop shop' for external dispute resolution for all financial disputes.
Norton Rose Fulbright Australia
In Australia, the defence allows a professional to defend a negligence claim if conduct is endorsed by a body of peers.
In a significant decision, that will be good news for lenders, the Supreme Court of New South Wales has confirmed the principle that fraud as an exception to indefeasibility of title only applies...
Holding Redlich
These two recent decisions have clarified how dispute resolution clauses could be interpreted by different courts.
Corrs Chambers Westgarth
Australia became a signatory to the Mauritius Convention on 18 July 2017, the first in the Asia-Pacific region to do so.
Corrs Chambers Westgarth
How do recent developments in third party arbitration regimes affect the international dispute resolution community?.
HBA Legal
Subjective evidence provided after the fact must not be dismissed, if important to determine a critical fact in issue.
The recent decision of Sharpe v Grobbel [2017] NSWSC 1065 acts as a reminder for lawyers about their duty to claim privilege for clients even if they are no longer acting.
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