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Searching Content indexed under Litigation, Mediation & Arbitration by Bartier Perry ordered by Published Date Descending.
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1
Expert valuation evidence - when you should do more than use your brain
Recent case provides a valuable insight into what the court will consider when determining the reliability of expert evidence.
Australia
18 Sep 2019
2
How many differences make a statement of claim materially different?
Article focuses on lessons to be learnt from recent case where statement of claim was struck struck out.
Australia
18 Sep 2019
3
Opting into the National Redress Scheme: what might it mean for you?
Institutions should consider opting into the National Redress Scheme to address any claims of childhood sexual abuse.
Australia
13 Jun 2019
4
Class actions - Different from your standard litigation
While similar to individually brought proceedings, class actions have procedural differences that councils should know.
Australia
25 May 2019
5
Kangaroo on the runway? An obvious risk, rules NSW Court of Appeal
This case contains legal issues of interest to councils, including the obligation to assess, and warn of, obvious risks.
Australia
17 May 2019
6
Class actions: what your business needs to know
Article provides an understanding of class actions; how they work, and more importantly, how they differ from other proceedings.
Australia
8 May 2019
7
Rush awarded $850k: a set-back for #metoo?
Article discusses how the #metoo movement started a very important conversation, & remains a powerful engine of social change.
Australia
8 May 2019
8
Where angels fear to tread: Non-party requests for access to Court files relating to a deceased estate
Access to Court files will be granted to a non-party if a registrar is satisfied that ‘exceptional circumstances' exist.
Australia
15 Apr 2019
9
Rush awarded $850k for defamation: a set-back for #metoo?
The #metoo movement has started a very important conversation, and continues to be a powerful engine of social change.
Australia
15 Apr 2019
10
How dare you say that! - The ins and outs of dealing with defamation
Defamation is a personal right of action and occurs when a person's reputation is damaged in a publication about them.
Australia
20 Dec 2018
11
Section 318 of the Workplace Injury Management and Workers Compensation Act 1998 proves fatal to a slip in the pleadings
It is imperative that pre-filing statement and defence are properly pleaded based upon what is known at the time.
Australia
4 Dec 2018
12
Additional damages for flagrant unjustified threats of IP infringement – the art of finesse
Courts are able to penalise businesses who unjustifiably threaten another business with legal action for IP infringement.
Australia
17 Nov 2018
13
Asbestos diseases: divisible or indivisible?
Article explains the nature of divisible and indivisible diseases and the different ways that they are dealt with in court.
Australia
17 Oct 2018
14
Expert witness or advocate? The perils of blurring the boundaries
If experts act as an advocate for the party which retained them, they can place their reputation and future work at risk.
Australia
24 Jul 2018
15
What happens after you produce documents to court? Implied Undertakings and Subpoenas
The article looks at how documents produced under subpoena are admitted, and rights of persons producing those documents.
Australia
15 Mar 2018
16
Pension claims go to High Court
The High Court will discuss whether asbestos victims can recover economic loss based on the loss of pension entitlements.
Australia
26 Feb 2018
17
Managing risk and avoiding victimisation when responding to workplace complaints
The prospect of a victimisation complaint is reduced if give measured response to an employee complaint and perceived risks.
Australia
20 Dec 2017
18
Dont let a security of payment deadline pass you by during Christmas
Under the SOP Acts, payment claims or adjudication applications can still be made and served on you during this busy period.
Australia
5 Dec 2017
19
Unjustified Threats of legal action: tread carefully when enforcing IP rights
When an allegation of IP infringement is made, the IP infringers could issue a counter-claim of 'unjustified' threats.
Australia
3 Nov 2017
20
Industrial deafness: the importance of establishing and verifying facts
The case illustrates that it is important to gather evidence which tests the factual assertions before briefing experts.
Australia
28 Sep 2017
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