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Searching Content indexed under Trials & Appeals & Compensation by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
Recent WA Supreme Court decision highlights the consequences of poorly-pleaded global claims for damages
This case is important for those drafting statements of claim containing a global claim or modified total costs claim.
Australia
15 Jun 2019
2
Excessive remuneration and inadequate remuneration reports: Validation of liquidators remuneration refused, with fees reduced by Court
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Australia
13 Mar 2019
3
Winning the battle but not the war: Federal Court clarifies how damages undertakings will be enforced when an injunction is wrongly granted
The case considers compensation payable for wrongly-granted interlocutory injunctions in a pharmaceutical patent dispute.
Australia
26 Nov 2018
4
Queensland Planning and Environment Court refuses change of position in conditions appeal
Local government prohibited from changing its position in a conditions appeal without providing adequate explanation.
Australia
30 Oct 2018
5
Shifting the goalposts: Queensland Planning and Environment Court confirms changed appeal rules for DAs under former planning legislation
This case has implications for appeals relating to development applications made, but not decided, before 3 July 2017.
Australia
18 May 2018
6
Examinee on the run. What to do when a director fails to appear.
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Australia
4 Nov 2017
7
Reviewing coal seam gas compensation due to a material change in circumstances
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Australia
6 Oct 2017
8
Compensation for extinguishment or impairment of native title: the Federal Court Timber Creek decision, 24 August 2016
This decision could be a guide to the assessment of compensation for the extinguishment or impairment of native title.
Australia
4 Oct 2017
9
Full Federal Court hands down appeal decision in Timber Creek native title case
This decision considered six major issues relating to compensation for extinguishment or impairment of native title.
Australia
4 Oct 2017
10
Taste of bias: Court rejects assertion of lack of independence
This was an objection to a liquidator retaining solicitors who had previously acted for a creditor against the company.
Australia
8 May 2017
11
Securities litigation in Australia
Most securities litigation involves a claim for a loss allegedly suffered by a misrepresentation or non-disclosure.
Australia
21 Jun 2016
12
What a Legend - Court rejects recognition of foreign proceeding and orders wind up in the face of Chapter 11 bankruptcy
The Court declined to recognise a US Chapter 11 bankruptcy proceeding and made orders that the company be wound up.
Australia
 
14 Jun 2016
13
High Court allows agreed civil penalty submissions with regulators
The High Court set aside the Full Court decision and stated that regulators can actively make civil penalty submissions.
Australia
28 Dec 2015
14
High Court confirms that courts can consider penalty agreements in civil penalty proceedings
Penalty agreements between prosecutors and defendants in civil penalty proceedings are not prohibited.
Australia
14 Dec 2015
15
Bath v Mowlem (2004) [2015] 1 WLR 785; AB v CD [2015] 1 WLR 771; Ashton v Express Sign Labs [2015] FCA 975: interlocutory injunctions
The cases all deal with an issue that arises when seeking interlocutory injunctions: will damages be an adequate remedy?
Australia
29 Oct 2015
16
Clarity on apportionable claims - Selig v Wealthsure Pty Ltd (2015) 320 ALR 47
An "apportionable claim" for the purposes of Division 2A is a claim based on a contravention of section 1041H only..
Australia
28 Oct 2015
17
ATE Insurance and security for costs – Will a deed of indemnity suffice?
This case considered if an After-The-Event (ATE) insurer could provide security for costs by way of a deed of indemnity.
Australia
29 Sep 2015
18
Liquidated damages post Andrews - a double-edged sword
A recent case in Queensland (IPN Medical) has provided clear guidance for penalties and liquidated damages clauses.
Australia
25 Aug 2015
19
ASIC rattles a long hidden sabre by issuing a warning that it will seek recovery of expenses associated with its investigations
ASIC has alerted relevant stakeholders of its intention to more regularly use its pre-existing powers under the ASIC Act.
Australia
31 Jul 2015
20
Proportionate liability: The High Court resolves the dispute
The court resolved conflict between two decisions about the application of the statutory proportionate liability regimes.
Australia
18 May 2015
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