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Searching Content indexed under Litigation, Mediation & Arbitration by HopgoodGanim ordered by Published Date Descending.
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1
Farm debt mediation around the nation: recent changes in Queensland
The article assesses the implications of this new law in Queensland, compared with the WA farm debt mediation regime.
Australia
2 May 2017
2
I have been served a family law subpoena - what should I do?
The article discusses points to be considered and potentially advised about when complying with a family law subpoena.
Australia
2 May 2017
3
Occupiers liability: clear warnings required to alleviate risks associated with guest use of recreational facilities
Occupiers are required to install clear warnings to patrons utilising recreational facilities at their premises.
Australia
9 Mar 2017
4
Insurer succeeds in recovering settlement proceeds from fraudulent claimant
This UK case was a most interesting decision on the effect of fraudulent misrepresentation in a personal injuries claim.
Australia
1 Mar 2017
5
Slippery when wet: When inviting your ex over goes horribly wrong
A reasonable person would have ensured that the steps were dry or at least warned the plaintiff that they might be wet.
Australia
29 Dec 2016
6
Contributory Negligence: The law helps those that help themselves (and reduces damages for those that don't)
Despite her success, the NSW court reduced the damages payable to the plaintiff by 50% for contributory negligence.
Australia
26 Sep 2016
7
Costs in the context of matters with a long history: Chief Executive, DERM v Australis Mining Operations Qld Pty Ltd & Anor
Each party bears its own costs, unless the Court exercises the discretion conferred by section 457(2) to order costs.
Australia
2 Sep 2016
8
Claims for costs of owner's time
Costs for the time spent in preparing a compensation claim are potentially recoverable but only in certain circumstances.
Australia
15 Jul 2016
9
Costs – further evidence that the rules do not require change
The Court will not ordinarily make orders for costs unless a party has acted unreasonably or for an improper purpose.
Australia
15 Jul 2016
10
Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?
The Court allowed an extension of the statutory limitation period for a belated claim of damages from medical negligence.
Australia
7 Jul 2016
11
Host employer determined to exercise complete control over worker
This recent WA decision will be an important decision in matters involving negligent acts of labour hire employees.
Australia
4 Jul 2016
12
Claim dismissed: Queensland Court of Appeal upholds 50% contributory negligence finding
The Appeal Court saw no reason to interfere with the Trial Judge findings, described as soundly based in the evidence.
Australia
27 Jun 2016
13
ASX listed companies: The importance of timely and accurate disclosure in the context of indirect market-based causation class actions
The case highlights the necessity to be vigilant to ensure that both timely and accurate disclosure is consistently made.
Australia
24 May 2016
14
Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed
The case confirms that the assessment of past and future hypothetical facts must be done on the degree of probability.
Australia
17 Apr 2016
15
There's no place like home (office): Court considers the applicability of the CLA to journey claims when working from home - 24 March 2016
The mere fact that an employee performed some work at home did not automatically turn that home into a 'place of work'.
Australia
28 Mar 2016
16
Families in abeyance for up to three years as Family Court lists spill out
A three year wait for a decision is hardly practical or desirable, so litigants should be aware of alternative avenues.
Australia
15 Mar 2016
17
The Big Spill: Damages for contamination to land
This recent decision highlights the importance of particularising claims for damages at an early stage of proceedings.
Australia
11 Mar 2016
18
WA developments in conflict of laws: Sakari Resources Ltd v Purvis
This case is a reminder of competing legal factors for multi-jurisdictional companies when commencing court proceedings.
Australia
7 Mar 2016
19
Injuries sustained post resignation found to have arisen - out of or in the course of employment
Whether a worker's injuries occurred "out of or in the course of their employment" depends on facts and circumstances.
Australia
4 Mar 2016
20
Welcome decision for employers as worker's late claim for damages is rejected - 27 January 2016
The Court dismissed the application for an extension of the limitation period in respect of a belated claim for damages.
Australia
28 Jan 2016
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