Mondaq Australia: Litigation, Mediation & Arbitration
Carroll & O'Dea
The full impact will be felt when payments cease after the five-year grace period, with many unprepared for the changes.
Holding Redlich
These two recent decisions have clarified how dispute resolution clauses could be interpreted by different courts.
Colin Biggers & Paisley
This recent decision introduced the use of technology assisted review (TAR) for managing civil litigation in Australia.
Kott Gunning
if you are providing recreational activities with associated risks, carefully consider a contractual disclaimer as well.
Kott Gunning
This case was useful to illustrate assessment of the operative factors in an action for damages for psychiatric injury.
Coutts Solicitors & Conveyancers
The Expert Report examines decisions of the NSW LEC and changes to local government, planning and environmental laws.
Carroll & O'Dea
The two special leave points were in respect of breach of the duty of care and vicarious liability of the State of NSW.
Clayton Utz
Class closure orders are a vehicle through which some certainty and scope can be provided in an uncertain world.
Corrs Chambers Westgarth
The Court could relieve parties of ordinary disclosure obligations in favour of a tailored disclosure management plan.
KordaMentha
This case shows that it is possible to establish causation when a statistical correlation is supported by common sense.
Dentons
Potential litigants sometimes lack sufficient documentation to make an informed decision whether to commence litigation against another party.
Kott Gunning
Occupiers of premises open to the public should have regular inspections of areas of risk of slips, trips and falls.
McCullough Robertson
Queensland legislative reforms are proposed to improve access to compensation for ‘black lung' and other dust disease sufferers.
Corrs Chambers Westgarth
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
Kemp Strang Lawyers
The decision affirms that conduct capable of constituting duress is limited to threatened or actual unlawful conduct.
Stacks Law Firm
The truck driver made a claim against the electricity company, and the farm owner, for the injuries he had sustained.
Carroll & O'Dea
This Act introduces a new NSW CTP Scheme to replace the scheme under the Motor Accidents Compensation Act 1999 (NSW).
Pointon Partners
We discuss Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131.
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.
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Corrs Chambers Westgarth
How do recent developments in third party arbitration regimes affect the international dispute resolution community?.
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
McCullough Robertson
This article considers two other threats against Australia in relation to Investor-state dispute settlement claims.
Corrs Chambers Westgarth
Construction lawyers are often faced with large volumes of electronic documents that need to be managed and reviewed.
Madgwicks
Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
McCullough Robertson
The Court's decision provides clarity in relation to economic loss and non-economic loss for native title compensation.
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.
Kott Gunning
His claim was dismissed when he failed to prove that the unidentified driver of the small car had caused the accident.
HHG Legal Group
In this series of fundamental basics of family law, we explore the single expert witness's role in financial matters.
KordaMentha
This case shows that it is possible to establish causation when a statistical correlation is supported by common sense.
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