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Searching Content indexed under Litigation, Mediation & Arbitration by Holding Redlich ordered by Published Date Descending.
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1
Residential Focus - Breach of statutory warranties - out of time?
This recent decision considered if an owners corporation commenced proceedings outside the statutory limitation period.
Australia
30 Sep 2019
2
Re-assessing the value of Facebook for business in Australia: Heightened risk in operating public pages
The risks associated with operating a public Facebook page have increased under Australian (state-based) defamation law.
Australia
18 Jul 2019
3
A right to a hearing found to exist in Victorian compulsory acquisition procedure
Procedural fairness suggested that the interest holder be given an opportunity to respond to the Notice of Acquisition.
Australia
1 Jul 2019
4
Exclusive jurisdiction clauses in legal Terms of Engagement
Exclusive jurisdiction clauses are potent, and here, an agreement to refer disputes to arbitration may have been simpler.
Australia
14 Jun 2019
5
Residential Focus - damages for defective works - limitation periods
The Owners Corporation commenced proceedings for defective works one day prior to the expiry of the limitation period.
Australia
25 May 2019
6
Double whammy: collision gives rise to criminal and civil proceedings
Article discusses recent collision case which gave rise to both criminal and civil proceedings.
Australia
21 May 2019
7
NSW Government Bulletin: UCPR amendment re objection to production on a ground of privilege
Discussion about UCPR amendment regarding the objection to production on a ground of privilege.
Australia
21 May 2019
8
NSW Government Bulletin - Challenge to demolition of Sydney Football Stadium
Article discusses background to, reasons for and grounds of the challenge to the demolition of the Sydney Football Stadium.
Australia
26 Mar 2019
9
NSW Government Bulletin: ALRC Report 134: Integrity, Fairness and Efficiency – An inquiry into class action proceedings and third-party litigation funders
ALRC Report 134 reviews the integrity of third-party funded class actions and the efficacy of the class action system.
Australia
8 Feb 2019
10
Residential Focus: Part 1 - Construction defects in high rise residential projects
Around the country, all affected buildings face the prospect of lengthy legal action to determine liability and quantum.
Australia
17 Jan 2019
11
The high stakes of high rise construction and development
In any construction there may be defects, but in large residential developments defects are often replicated across lots.
Australia
17 Jan 2019
12
The Online Court (OLC) for dispute resolution in District Court of NSW
The OLC is a virtual court room designed to minimise costs of in-person Court appearances by online requests for orders.
Australia
17 Jan 2019
13
Dire hire triangle: Court considers hire charges for CHEP pallets in messy situation
The decision highlights the reluctance of courts to make formal orders for the retrospective alteration of CHEP accounts.
Australia
19 Dec 2018
14
NSW Government Bulletin: a zeugma in statutory interpretation
In this decision, the NSW Court of Appeal examined the construction of the section, including the impact of a zeugma.
Australia
6 Dec 2018
15
Court decision questions the status of endorsed parties in Cultural Heritage Management Plan process
Discussion about recent decision in relation to a Cultural Heritage Management Plan and the status of an endorsed party.
Australia
27 Nov 2018
16
Administrative Appeals Tribunal discretion to accept late applications
Whilst it is always best to submit applications on time, a recent FC decision gives hope for those seeking a late review.
Australia
27 Nov 2018
17
NSW Government Bulletin – legislation introduced to confer jurisdiction on the District Court for commercial claims
Article discusses Bill that contains amendments critical for the NSW justice system to function efficiently and effectively.
Australia
6 Nov 2018
18
Residential Focus - 24 October 2018: Part 1 - Home building claims
The NCAT Appeal Panel considered building claims and time limits on jurisdiction in s 48K of the Home Building Act 1989.
Australia
27 Oct 2018
19
Freezing Australian assets as security for foreign proceedings
A judgment or award is only worthwhile if obtained or can be enforced in a jurisdiction where a respondent has assets.
Australia
11 Oct 2018
20
Royal Commission into the Aged Care sector: Why individuals rather than corporations stand to lose the most
Individuals in corporations could suffer far more financially and could endure significant damage to their reputations.
Australia
10 Oct 2018
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