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Searching Content indexed under Arbitration & Dispute Resolution by Carroll & O'Dea ordered by Published Date Descending.
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1
The freedom of contracts: The child sex abuse exception
This TRG decision could play a critical role in the future as more and more States implement deed set-aside provisions.
Australia
15 Aug 2019
2
Five ways to save money when resolving your family law dispute
Resolving a family law dispute is an expensive and time-consuming process, that unfortunately, we may find ourselves in.
Australia
15 Aug 2019
3
Death tax in Australia: A reminder from the UK in family provision claims
This case shows potential delays and increased costs of family provision claims if a death tax is introduced in Australia.
Australia
25 Jul 2019
4
Is Australia pro-arbitration?
Article describes arbitration and focuses on the approach of courts to International Commercial Arbitration at 2 main stages.
Australia
23 Apr 2019
5
Information to help with a personal injury claim
This article outlines some of the frequently asked questions that often arise at the start of a personal injury matter.
Australia
1 Apr 2019
6
Minor injury disputes in NSW under the Motor Accident Injuries Act 2017
Injured persons in NSW should pre-empt a ‘minor injury' notice and fully investigate their injuries at an early stage.
Australia
7 Mar 2019
7
If the Act does not apply ….. it does not apply - a retail shop lease?
This case is a reminder to each party to understand which Act their lease falls under so as to properly resolve disputes.
Australia
19 Nov 2018
8
High Court cements position on personal payment of penalties
If a union official breaches a civil remedy provision in the Fair Work Act, he may have to pay the penalties personally.
Australia
21 Mar 2018
9
Australian High Court supports statutory stay on enforcement outside of Australia of Australian judgments
The Court found that the Bankruptcy Act 1966 is a "stay" for the purposes of s15(2) of the Foreign Judgments Act 1991.
Australia
1 Aug 2017
10
Shareholder agreements – the intersection of international arbitration agreements and local company law
The application for winding up under local company law was stayed to allow for arbitration of the substantive dispute.
Australia
27 Jul 2017
11
How late is too late for rent? – Kameel Pty Ltd v Antongtai Pty Ltd [2017] VCAT 469
Where a payment is made in part satisfaction of a running account, the creditor can apply the payment to the oldest debt
Australia
14 Jun 2017
12
Resolving employee conflict in an organisation by mediation
Managers should consider engaging an independent accredited mediator with expertise in resolving workplace conflict.
Australia
14 Jun 2017
13
A legal history of the Oxford Comma
Courts in Australia have been less keen to consider the merits of the Oxford comma in the interpretation of a sentence.
Australia
30 Mar 2017
14
Security of payment adjudications: The importance of an adjudicator providing cogent reasoning for a determination
Adjudicators who do not include reasoned analysis may face their determination declared void for jurisdictional error.
Australia
22 Dec 2016
15
Nuisance … what nuisance? Common law action for nuisance struck out in strata claim
At present, the Act operates so that a NSW lot owner has no remedy against an owners corporation in common law nuisance.
Australia
24 Nov 2016
16
Statutory demands & obligations of legal practitioners
It is crucial to advise your client to respond promptly to a statutory demand, to avoid the presumption of insolvency.
Australia
20 Apr 2016
17
The benefits of Alternative Dispute Resolution (ADR)
ADR refers to a wide range of services that provide a non-litigation based approach to resolving legal disputes.
Australia
22 Jan 2015
18
Good faith in mediation: is it enforceable?
Enforceability of a contractual obligation to mediate or negotiate in good faith depends on circumstances and wording.
Australia
13 Jan 2015
19
The benefits of alternative dispute resolution, including mediation, in Newcastle and the Hunter
The benefits of Alternative Dispute Resolution are now accessible to clients based in Newcastle or the Hunter Valley.
Australia
5 Nov 2014
20
Making an application for Security For Costs
During the course of legal proceedings, costs are usually incurred by all parties.
Australia
16 Jun 2012
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