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Searching Content indexed under Arbitration & Dispute Resolution by DLA Piper Australia ordered by Published Date Descending.
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1
High Court settles heated constitutional challenge to international arbitration
The TCL case confirmed the constitutional validity of the IAA, which applies to international arbitration in Australia.
Australia
5 Apr 2013
2
Do Australian proportionate liability regimes apply to arbitrations?
Some contracting parties will now try to avoid arbitration to protect rights under the proportionate liability regimes.
Australia
3 Dec 2012
3
Doing Business in Australia - Dispute Resolution
Most commercial contracts contain dispute resolution clauses permitting the parties to escalate their dispute by stages.
Australia
1 May 2012
4
Recent court cases on expert determination
Expert determination is a popular mode of dispute resolution which is used in a wide range of contracts.
Australia
13 Nov 2011
5
Marine Salvage: The 2011 Lloyd's Open Form
A look at the many misunderstandings about the concept of salvage and a brief reminder of what is involved.
Australia
7 Jul 2011
6
Litigation Update
On 23 March 2011, the Federal Senate agreed to the Civil Dispute Resolution Bill 2010 (Cth) which, together with changes to the Civil Procedure Act 2005 (NSW) (CPA), will require parties and legal practitioners likely to be involved in litigation to take reasonable or genuine steps to resolve the dispute or at least clarify and narrow the issues in dispute before commencing proceedings.
Australia
5 Apr 2011
7
Australian GST Update - Full Federal Court considers credit cards and charge cards
Full Federal Court considers credit cards and charge cards In Commissioner of Taxation v American Express Wholesale Currency Services Pty Limited [2010] FCAFC 122, the Full Federal Court held, by majority, that the taxpayer's late payment fee revenue from credit cards and charge cards was 'revenue derived from input taxed supplies', which adversely impacted on the taxpayer's ability to claim input tax credits on its expenses. The decision provides important guidance on the interpretation of the
Australia
26 Oct 2010
8
Beware of the TPA's anti-competitive provisions when tendering
A significant penalty figure, imposed by the Federal Court in its recent judgment in the long-running matter of ACCC v Baxter Healthcare Pty Limited [2010] FCA 929, sends a clear warning to all businesses undertaking procurement activities to be observant of the anti-competitive provisions in the Trade Practices Act 1974 (TPA).
Australia
13 Oct 2010
9
New Grounds to Review Decisions Made by Adjudicators under the Building and Construction Industry Security of Payment Act 1999 (SOP Act)
There are now new grounds to review decisions made by Adjudicators under the NSW Building and Construction Industry Security of Payment Act 1999 (SOP Act). The Court of Appeal has found that if all of the steps laid down by the SOP Act are not precisely followed, the Supreme Court can determine that there is a breach of the SOP Act processes and possibly overturn an Adjudicator’s determination. The Court has said that the right to be able to go to a Court and complain about a breach of a key par
Australia
29 Sep 2010
10
Court of Appeal Confirms When An Occurence Based Liability Policy Responds to a Leaky Building Claim
Broadform and public liability policies insure liability for property damage occurring during the period of insurance. In Arrow International Limited v QBE Insurance (International) Limited, the Court of Appeal has confirmed how these policies will respond to damage that progressively worsens across several policy periods.
Australia
20 Sep 2010
11
Superintendents Wearing Two Hats Risk Abuse Of Power
Despite the fact that it is now well entrenched in common law that a superintendent must act honestly, fairly and impartially in carrying out its duties, the role of the superintendent remains a complex one, and is often prone to conflict of interest. This is particularly the case when the superintendent is engaged by the principal in a quasi extension of the owner's team. The recent case of Kell & Rigby Holdings Pty Limited vs Lindsay Bennelong Developments Pty Ltd [2010] NSWSC 777 provides an
Australia
13 Sep 2010
12
Reviling or Reviving Arbitration ?
Is domestic arbitration dying? Will it suffer death at the hands of adjudication? Can legislative reform revive it? These questions are currently receiving a deal of attention from politicians and distinguished practitioners1 as a result of the recent tabling of the International Arbitration Amendment Bill 2009 which proposes amendments to the International Arbitration Act 1974 (Cth) (IAA) as well as a proposed new model Bill to reform the uniform commercial arbitration legislation adopted by e
Australia
14 Dec 2009
13
Radical Changes To The District Court Procedures In November
The District Court Rules govern the process of bringing civil proceedings in the District Court for amounts of up to $200,000. As from 1 November 2009, that process will radically change.
New Zealand
5 Oct 2009
14
Battles From Afar: A Liquidator’s Fight To Recover Payments To UK Companies
In a win for Australian liquidators, “New Cap Reinsurance Corp Limited v A Grant & Ors, Lloyd’s Syndicate No. 99”1 [2009] NSWSC 662 allowed the Australian liquidator of a re-insurer recovery of payments to two UK companies under sections 588FF and 588FE of the “Corporations Act 2001” (Cth).
Australia
15 Sep 2009
15
Litigation Funding Here To Stay
In Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd (No. 3) [2009] FCA 450 the Australian Federal Court considered whether a funded class action constituted a managed investment scheme under the Corporations Act 2001 (Cth).
Australia
14 Sep 2009
16
Arbitration In Australia – Winds Of Change Or Merely A Breeze?
For the better part of a century – or perhaps even longer – arbitration has been the preferred method of dispute resolution in the maritime industry.
Australia
2 Jul 2009
17
Proportionate Liability And Non-Judicial Bodies
In Wealthcare Financial Planning Pty Ltd v Financial Industry Complaints Service Limited & Ors [2009] VSC 7 the Supreme Court of Victoria considered whether the proportionate liability provisions in the Wrongs Act 1958 (Vic) had to be applied in the determination by the Financial Industry Complaint Service of a retail investor’s complaint against a financial adviser for breach of certain provisions of the Corporations Act 2001 (Cth).
Australia
12 May 2009
18
Are You Negotiating In Good Faith?
The validity of contractual obligations to negotiate in good faith has been a hotly contested issue.
Australia
24 Feb 2009
19
How Extravagant Are Your Liquidated Damages?
Liquidated damages are a powerful tool to both encourage contractual compliance and to provide financial protection to a party where the other party breaches the contract.
Australia
3 Nov 2008
20
The Price To Pay For Victorian Payment Claims
In the recent decision of "Protectavale Pty Ltd v K2K Pty Ltd" [2008] FCA 1248, the Federal Court has held that a payment claim under the "Building and Construction Industry Security of Payment Act" 2002 (Vic) must clearly identify the construction work as the subject of the claim, and include a breakdown of the amount previously paid.
Australia
3 Nov 2008
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