Mondaq Australia: Litigation, Mediation & Arbitration
McCullough Robertson
Courts are willing to award powerful remedies to compensate for, or to restrain, the publication of defamatory material.
HBA Legal
The duty of a contract cleaner is to exercise reasonable care, and reasonable care does not mean perfection is required.
Corrs Chambers Westgarth
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Kott Gunning
The Court needed to determine if the defendant was negligent when the pedestrian ran across the path of her vehicle.
Stacks Law Firm
Interesting medico-legal case deciding whether or not a neurosurgeon was negligent.
Norton Rose Fulbright Australia
NRF discusses here their submission to the Australian Law Reform Commission inquiry.
Madgwicks
This case highlights the need to act on receipt of legal proceedings, to avoid a default judgment and possible damages.
Carroll & O'Dea
The court considered the "irrational exception" to the "widely accepted practice" provision in professional negligence.
Corrs Chambers Westgarth
A model litigant must determine on a case-by-case basis when it is appropriate to adopt a different position on the law.
Corrs Chambers Westgarth
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Holding Redlich
A person could be held liable for defamatory comments made by other social media users to that person's original post.
Corrs Chambers Westgarth
This paper considers challenges to jurisdiction arising from a claim that there is no valid arbitration agreement.
Holding Redlich
The NSW Court of Appeal has refused to set aside a subpoena requesting the disclosure of certain telephone recordings.
McCullough Robertson
A decision has not yet been made as to whether the Act will be amended to allow corporations to sue for defamation.
Corrs Chambers Westgarth
The article considers the VLRC narrower and more cautious approach, and compares key recommendations with ALRC proposals.
Gilchrist Connell
An appellate Court that is asked to disregard any adverse impressions of the trial judge has not seen the testimony.
Bartier Perry
If experts act as an advocate for the party which retained them, they can place their reputation and future work at risk.
Norton Rose Fulbright Australia
The terms of reference of the inquiry require the ALRC to consider two overarching issues of the class action regime.
HBA Legal
The court held that a reasonable person in the same position would not have done anything more than it had already done.
Marque Lawyers
The Singapore Convention on Mediation permits most settlement deeds or arrangements to be enforced in signatory states.
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Carroll & O'Dea
If you are injured and NOT at fault, make a claim for your treatment costs, lost wages, rehabilitation costs and care.
Carroll & O'Dea
The court considered the "irrational exception" to the "widely accepted practice" provision in professional negligence.
Madgwicks
This case highlights the need to act on receipt of legal proceedings, to avoid a default judgment and possible damages.
Kott Gunning
Any individual or body corporate can lodge a caveat over a specific property, but you must have a caveatable interest.
Kott Gunning
AFCA will deal with any complaints from individuals and small businesses in relation to financial services and products.
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