Mondaq Australia: Litigation, Mediation & Arbitration
This recent decision, subject to a special leave application, highlights the risks inherent in the discovery process,
The decision in Waller v James should provide useful future guidance in wrongful birth claims.
On 19 April the Federal Court of Australia handed down judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd.
Assume all communications between legal advisers and experts have the potential to be disclosed to the opposing party.
A UK case confirmed that legal professional privilege attaches to lawyer-client communications only, not to accountants.
This article makes a comparison of litigation and arbitration as methods of dispute resolution for IP/IT contracts.
The selection criteria for In House Counsel choosing mediators is 'a-changin'.
This case shows the importance of correctly construing and interpreting the legislation to govern each cause of action.
This decision highlights the burden to produce evidence to support every head of damage in a personal injuries claim.
A joint session is an opportunity for parties to vent or to express a point of view that could be vital to a settlement.
Serving multiple statutory demands for various parts of a single debt could be found to be an abuse of process.
The cases cover most of the contentious aspects of the dismissal of cases under Rule 44G of the WA District Court Rules.
The decision examines the role, functions, powers and framework of arbitrators in the WA workers' compensation scheme.
The facts, issues, needs and competing interests are all considered to reach a fair, balanced and accountable outcome.
The Queensland Court of Appeal has rejected a claim of negligence against a body corporate.
Australian military veterans injured in British nuclear bomb tests are appealing to the Australian Human Rights Commission.
Alternative dispute resolution processes provide businesses with options to put them in control of resolving disputes.
Disputants wishing to break down the 'prison of fear' could offer their opponent negotiation, mediation or conciliation.
The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.
With proposed Model Provisions and an impending High Court decision, proportionate liability may face a radical change.
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The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.
The Court considered the circumstances when exemplary damages would be awarded in professional negligence proceedings.
The selection criteria for In House Counsel choosing mediators is 'a-changin'.
Assume all communications between legal advisers and experts have the potential to be disclosed to the opposing party.
There are new requirements in NSW for witnessing the signing of affidavits, statutory declarations and affirmations.
Part 2A required parties to take reasonable steps to resolve or narrow the dispute before commencing court proceedings.
With Anshun estoppel, a party can be prevented from making claims which should have been pursued in former proceedings.
Alternative dispute resolution processes provide businesses with options to put them in control of resolving disputes.
An award for damages is not to fulfil ideal requirements for an injured person, but rather the reasonable requirements.
The existence of the advocates' immunity is settled at common law, but the scope of the immunity has raised concern.
