Mondaq Australia: Litigation, Mediation & Arbitration
Colin Biggers & Paisley
The Court held that the indexation applied to the deductible under the Policy and so the insured's claim was dismissed.
Kemp Strang Lawyers
This recent Federal Court decision re-affirmed the pro-arbitration stance being implemented by the Australian courts.
Colin Biggers & Paisley
This case highlights considerations to succeed in an award of substantial damages for loss of a commercial opportunity.
Clayton Utz
A prospective applicant for preliminary discovery need only prove that he believes that he MAY have a right to relief.
Kott Gunning
Liability for the accident had been admitted by the Defendant so the judgment only dealt with the assessment of damages.
Colin Biggers & Paisley
Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.
HHG Legal Group
Costs of individual risk taking are high notwithstanding laws limiting liability where the injured takes an obvious risk. .
Kott Gunning
An undetermined claim for insurance indemnity was declared not to be sufficient to set aside a statutory demand.
Kott Gunning
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.
Carroll & O'Dea
Medical manslaughter laws in UK and Australia are in principle the same but Australians are less willingness to prosecute. .
Marque Lawyers
Faruqi isn't suing Latham for accusations of anti-white racism - he claims that Latham suggests he encourages terrorism.
Carroll & O'Dea
Partners have rights and obligations to each other partner even after a partnership is dissolved. .
Corrs Chambers Westgarth
This decision could very likely assist in promoting Australia as a desirable venue for commercial arbitration.
Holding Redlich
The trials demonstrated that paperless hearings could be achieved inexpensively and without inconvenience to the parties.
Clyde & Co
Litigation funders have recently sought to improve their financial recoveries by applying to Australian Courts for ‘common fund orders' in class actions.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Jones Day
In McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd, the Court considered the defendant's application for a permanent stay of either of two open class actions commenced against it in circumstances where:
Vannin Capital
According to global law firm Norton Rose Fulbright, and as evidenced by the firm's 2016 Litigation Trends Annual Survey, the use of third party funders in commercial (and other) litigation...
Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
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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.
Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Holley Nethercote commercial & financial services lawyers
The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
Marque Lawyers
Faruqi isn't suing Latham for accusations of anti-white racism - he claims that Latham suggests he encourages terrorism.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
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.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
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