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Searching Content indexed under Litigation, Mediation & Arbitration by Swaab ordered by Published Date Descending.
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1
Corporations and defamation
Article discusses when companies can sue for defamation &/or injurious falsehood as well as other forms of relief & defences.
Australia
18 Sep 2019
2
Security for costs and non-resident plaintiffs
Article describes Security for Costs (SFC), when you are entitled to SFC & how to obtain SFC eg against not resident plaintiffs.
Australia
17 Sep 2019
3
Deeds of Release and their effectiveness
Article looks at factors which may impact upon the certainty and durability of deeds of release and provides 3 case examples.
Australia
13 Aug 2019
4
Mediate, collaborate or litigate - resolving your family law matter
The least expensive way to resolve family law matters is to discuss them with your ex-partner and try to reach agreement.
Australia
12 Jul 2019
5
Balancing costs and claims in family provision applications
Where a family provision claim is made on a small or moderate estate, it can be difficult to justify costs of litigation.
Australia
10 Jul 2019
6
Workplace Surveillance Act 2005 (NSW) Admissibility of evidence unlawfully obtained - latest developments
Some employers in NSW are not aware of the implications of evidence acquired through workplace surveillance activities.
Australia
7 Jul 2019
7
Infor­mal prop­er­ty set­tle­ments: When will the court decline to make prop­er­ty set­tle­ment orders?
Courts would be willing to decline to make prop­er­ty set­tle­ment orders where it is not just and equi­table to do so.
Australia
25 May 2019
8
You say toma­to, I say tom­ah­to: The bat­tle of forms and build­ing contracts
This case demonstrates how Courts deal with the existence of two construction contracts and decide which one is binding.
Australia
25 May 2019
9
The role of expert evidence in family law
Expert evi­dence can be crit­i­cal in nav­i­gat­ing a family law mat­ter to obtain­ a favourable prop­er­ty set­tle­ment.
Australia
26 Dec 2018
10
Appeals: a useful lesson
Parties should raise all relevant arguments at first instance, as they may not be able to raise new points on appeal.
Australia
3 Dec 2018
11
Family law publication restrictions: What is private and what can be posted?
Parties to family law proceedings may be committing an indictable offence if they publish any court details online.
Australia
19 Nov 2018
12
Until debt do us part: The effective use and pitfalls of statutory demands
Where a genuine dispute exists, creditors should commence court proceedings rather than issuing a statutory demand.
Australia
19 Nov 2018
13
Establishment fees in private financing transactions
In this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.
Australia
19 Jul 2018
14
Amended NSW Land and Environment Court Practices
The NSW Land and Environment Court has issued new practice directions for policies aimed at streamlining merit appeals.
Australia
30 Mar 2017
15
Excessive legal bills and costs assessment applications in New South Wales
The article considers the NSW costs assessment process and avenues available to a client to contest a bill of costs.
Australia
19 Jan 2017
16
Australian Consumer Law trumps Choice of Law clause
Although the agreement tried to substitute Washington State law, the ACL applied to the supply under the contract.
Australia
6 Jun 2016
17
Protecting in-house counsel legal advice in NSW
This recent case clarifies the law surrounding legal professional privilege, especially for advice by in-house counsel.
Australia
4 Mar 2016
18
Testing the water - does a builder owe a duty of care to an owners corporation?
The High Court has recently held that a builder did not owe a duty of care to an Owners Corporation.
Australia
23 Nov 2014
19
Mr process server wants to connect with you... service by social media
Courts in Australia need to see a clear connection between the person to be served and the social media account.
Australia
19 Nov 2014
20
Defamation alleged in relation to teacher performance report
The case highlights the need for all employers to handle performance processes and assessments with extreme caution.
Australia
6 Oct 2014
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