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Searching Content indexed under Court Procedure 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
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
3
CENSORED – the blurred lines of publishing in the public interest and the right to a fair trial
Media outlets recently ran front-page news articles referring to a judicial process subject to a suppression order.
Australia
26 Dec 2018
4
Permanent stay applications increase in importance with removal of limitations period for child abuse claims
Courts must balance the rights of the plaintiff and the ability of the defendant to properly respond to the allegations.
Australia
6 Dec 2018
5
Abuse liability: learning from the outcome in State of New South Wales v DC [1]
The two special leave points were in respect of breach of the duty of care and vicarious liability of the State of NSW.
Australia
26 Jul 2017
6
Expert witnesses in medical negligence cases: Inside the fight against hired guns
Expert witnesses play a crucial role in professional indemnity cases, and yet they are viewed with a lot of distrust.
Australia
16 Apr 2017
7
Plain English guide to legal costs
This is a general overview of legal costs, types of legal costs, costs orders and regulated costs for clients.
Australia
11 Nov 2016
8
Protective costs order made to indemnify independent solicitor acting as tutor for child in brain injury case
This was an interlocutory decision about the appointment of a tutor for the child appellant, to carry on his proceedings.
Australia
14 Oct 2016
9
Perhaps a landmark case for interlink services incorporating IP
This case is an important alert to other online hubs connecting users or facilitating trade in products incorporating IP.
Australia
7 Sep 2016
10
Served with a subpoena to attend court in NSW to give evidence?
Failure to comply with a subpoena without lawful excuse may be considered contempt of court, and can lead to your arrest.
Australia
28 Mar 2016
11
The application of statutory time limitation provisions by analogy to claims in equity's exclusive jurisdiction
The article discusses principles where an analogous time bar is applied to an action in equity's exclusive jurisdiction.
Australia
30 Dec 2015
12
Methods of enforcing a monetary judgment obtained in your favour
As a first step, you should write to the person or company that owes you money (the judgment debtor) to request payment.
Australia
13 Jan 2015
13
Application of limitation period by analogy to a claim in equity: case of Agricultural Land Management Ltd v Jackson [No. 2] [2014] WASC 102
Edelman J considered whether the limitation period should be applied to an equitable claim for breach of fiduciary duty,
Australia
10 Apr 2014
14
Time limitation for claim equitable relief (for breach of fiduciary duty)
The judge held that the period of receivership should be ignored in order to determine the expiry of a limitation period.
Australia
23 Jan 2014
15
Note on the ‘implied undertaking’ to provide documents under compulsion
Documents provided under compulsion are subject to an 'implied undertaking' not to use them for any other purpose.
Australia
21 Nov 2012
16
Interest on Costs in commercial litigation proceedings
An order for interest on costs should be sought by the successful party at the time submissions on costs are made.
Australia
21 Nov 2012
17
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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