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Searching Content indexed under Arbitration & Dispute Resolution by Cooper Grace Ward ordered by Published Date Descending.
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1
Investing with family – the importance of writing it down
Two recent NSW cases reinforce the importance of documenting agreements between family members to avoid future disputes.
Australia
30 Sep 2019
2
New lemon laws for purchase of defective motor vehicles in force from 1 September
The laws give buyers greater protections when purchasing older vehicles and allow easier enforcement of consumer rights.
Australia
4 Sep 2019
3
Is helping out at the greyhound track a dangerous recreational activity? It can be
The ‘dangerous recreational activity' defence is a fact sensitive enquiry, so aspects of the activity could be dangerous.
Australia
26 Jul 2019
4
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
5
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
6
My ex has invited me to FDR or mediation – do I need to do mediation before I go to Court?
The purpose of engaging in Family Dispute Resolution (FDR) or mediation is to resolve matters before applying to court.
Australia
6 Jul 2019
7
Practical tips for expert witnesses in the family law courts
A capable, sensible valuation expert is often an essential element in helping parties agree to a property settlement.
Australia
29 Jun 2019
8
No agreement? No worries – landholders reimbursed for the cost of negotiating CCAs even when agreement is not reached
The laws acknowledge that negotiation is part of a business transaction so landholders should be compensated accordingly.
Australia
19 May 2019
9
Duty considerations muddy the waters
The dispute and the subsequent litigation can be attributed to the conflicting view of duty payable on the transaction.
Australia
19 Dec 2018
10
Setting aside a statutory demand on conditions: a double-edged sword?
Article reminds us that the court has the power to set aside the statutory demand on conditions.
Australia
8 May 2018
11
$9.87 million funding boost for family law services
In a move to assist family law dispute resolution, the federal government has announced a $9.87 million funding package.
Australia
22 Aug 2017
12
Insolvency insights: Recent decisions on liquidators litigation funding agreements
A liquidator must not enter into any sort of agreement that could last longer than three months, without prior approval.
Australia
10 Jul 2017
13
Farm debt disputes in Queensland – new Act creates pitfalls for lenders
Mortgagees must offer mediation before commencing any enforcement action to recover outstanding farm business debts.
Australia
29 May 2017
14
BCIPA: High Court confirms that a valid construction contract payment claim requires a reference date
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Australia
17 May 2017
15
Arbitral order to disclose confidential information considered by Queensland Supreme Court
The Supreme Court has provided some interesting insights in relation to the confidentiality of arbitral proceedings.
Australia
11 May 2017
16
Withdrawing last minute offers to settle – not as simple as one might think
We discuss Project Gas Services Pty Ltd v Leaseplus Operations Pty Ltd [2017] VSCA 55.
Australia
30 Apr 2017
17
Financial Ombudsman Service complaints – when, where and how
FOS Australia deals with a range of FSP disputes including banking, credit, loans, insurance and financial planning.
Australia
20 Feb 2017
18
Dispute resolution agenda: winning business litigation
No business wants to be involved in litigation. Sometimes, however, there is no choice.
Australia
4 Sep 2016
19
The ATO is suing me for a tax debt – how do I respond?
Taxpayers can object to assessments, while defending proceedings where the ATO seeks to recover the disputed tax debt.
Australia
12 Aug 2016
20
Court considers challenge to FOS determination by financial services provider
Financial service providers in Australia need to subscribe to an external dispute resolution scheme approved by ASIC.
Australia
12 Aug 2016
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