Mondaq Australia: Litigation, Mediation & Arbitration
Jones Day
For the first time, the Federal Court of Australia has allowed the applicants in an Australian proceeding to make applications for orders under 28 USC § 1782.
Madgwicks
No-one ever completely wins in costly disputes or court proceedings, so these suggestions may help to avoid those risks.
McCullough Robertson
This article considers what steps are now available, including pathways to investor-state arbitration against Australia.
Colin Biggers & Paisley
This dependency claim under the CRA was not an "apportionable claim" within the meaning of the Civil Liability Act 2002.
Pointon Partners
The power to affect rights or interests may not be exercised until those potentially affected have a chance to respond.
Pointon Partners
Lawyers and advisors who don't advise their clients to obtain tax advice may be found liable for professional negligence.
Clayton Utz
It is well accepted that when interpreting a statute, the starting point is the natural and ordinary meaning of the text.
Clayton Utz
Practical steps can help your businesses to manage litigation and regulatory action.
Norton Rose Fulbright Australia
Given the proliferation of such marketing class actions in the United States, this could be a growth area in Australia.
Bartier Perry
These are issues to be aware of when considering whether to pursue an action for defamation for an online statement.
Norton Rose Fulbright Australia
The use of the class action forum for "marketing" claims represents a new dimension in this type of case in Australia.
Colin Biggers & Paisley
Victorian legal practitioners acting pro bono in successful matters can now recover costs from unsuccessful parties.
Jones Day
The Background: Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd raised the question as to whether the Federal Court of Australia possesses the power to consider an extension of time...
Kott Gunning
Recreational services providers should consider all waivers of liability in their contracts to ensure proper protection.
Kott Gunning
The plaintiff should bear a high degree of responsibility for the consequences of his loss of control of his motorcycle.
McCullough Robertson
Banks are required to engage in mediation with debt-stressed Queensland farmers before commencing enforcement actions.
Coleman Greig Lawyers
The term refers to legal privilege attached to communication specifically used for the purpose of negotiating settlement.
Clayton Utz
You can often stop disputes from escalating if you act quickly, and are armed with as much information as possible.
Corrs Chambers Westgarth
To decide otherwise would have severely undermined the policy settings which serve as the basis for insolvency law.
Clayton Utz
Sensible and practical steps should help your business to reduce the risk of disputes from arising in the first place.
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Norton Rose Fulbright Australia
Given the proliferation of such marketing class actions in the United States, this could be a growth area in Australia.
Cooper Grace Ward
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Holding Redlich
The consultation paper suggests that Government will crack down on phoenix activity and corporate restructuring rorts.
Colin Biggers & Paisley
Parties who wish to draw a Jones v Dunkel inference should ensure they plead and/or particularise their case clearly.
Coleman Greig Lawyers
The term refers to legal privilege attached to communication specifically used for the purpose of negotiating settlement.
Dentons
The counter-argument that this ‘objective' interpretation would, in the context of delay or failure by the superintendent to certify practical completion...
Pointon Partners
Lawyers and advisors who don't advise their clients to obtain tax advice may be found liable for professional negligence.
Colin Biggers & Paisley
There are strict thresholds of reasonableness and knowledge to be met before a public authority can be found negligent.
Dentons
In our earlier update concerning the decisions in Southern Han1 and Shade Systems2 we noted the NSW Court of Appeal decision in Shade Systems was under appeal to the High Court.
Norton Rose Fulbright Australia
The use of the class action forum for "marketing" claims represents a new dimension in this type of case in Australia.
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