Mondaq Australia: Litigation, Mediation & Arbitration
Dentons
The continuous disclosure and class action laws in Australia are again under scrutiny, with the Australian Law Reform Commission (ALRC) releasing a discussion paper, the Australian Securities Exchange (ASX) encouraging discussion, and Law Firms Australia (LFA) advocating change.
Bartier Perry
Article explains the nature of divisible and indivisible diseases and the different ways that they are dealt with in court.
Corrs Chambers Westgarth
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
Colin Biggers & Paisley
The Court found that the Applicant had failed to identify the relevance of the requested documents to a matter in issue.
Aitken Lawyers
The ALRC has released some preliminary ideas from its inquiry into litigation funding and fees in funded class actions.
Stacks Law Firm
Interesting case in which an investor lost money after her emails were hacked by fraudsters. Who pays?
Corrs Chambers Westgarth
Maritime salvage principles are used to ensure insolvency practitioners are paid properly incurred litigation costs.
Colin Biggers & Paisley
Given unique role of Medical Panel, parties should analyse whether they have sufficient grounds for appealing a determination.
Madgwicks
Special Counsel outlines six things that you need to know about defamation.
HBA Legal
The Court's obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered.
McCullough Robertson
Article discusses important changes to how subpoenas are issued and operate in Queensland.
Clyde & Co
Competing class actions continue to be in the spotlight in Australia, where it has been just over 26 years since the class action regime was introduced.
McCullough Robertson
Courts are willing to award powerful remedies to compensate for, or to restrain, the publication of defamatory material.
HBA Legal
The duty of a contract cleaner is to exercise reasonable care, and reasonable care does not mean perfection is required.
Corrs Chambers Westgarth
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Kott Gunning
The Court needed to determine if the defendant was negligent when the pedestrian ran across the path of her vehicle.
Stacks Law Firm
Interesting medico-legal case deciding whether or not a neurosurgeon was negligent.
Norton Rose Fulbright Australia
NRF discusses here their submission to the Australian Law Reform Commission inquiry.
Madgwicks
This case highlights the need to act on receipt of legal proceedings, to avoid a default judgment and possible damages.
Carroll & O'Dea
The court considered the "irrational exception" to the "widely accepted practice" provision in professional negligence.
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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.
Kells
The matter was heard by the NRL Judiciary in a 3 hour hearing, resulting in the panel delivering a " not guilty" verdict.
HBA Legal
The Court's obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered.
Madgwicks
Special Counsel outlines six things that you need to know about defamation.
Clyde & Co
Most lawyers, if they are anything like the writer, won't read the terms of their iTunes, Netflix or Facebook accounts ...
Corrs Chambers Westgarth
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Kells
Access to a court file is generally only permitted to the parties involved and named in the court proceedings on file.
McCullough Robertson
Courts are willing to award powerful remedies to compensate for, or to restrain, the publication of defamatory material.
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