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Searching Content indexed under Arbitration & Dispute Resolution 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
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
3
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
4
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
5
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
6
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
7
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
8
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
9
International arbitration update: Confidentiality in arbitation proceedings
Confidentiality of proceedings, one advantage of arbitration over litigation, is brought into focus in both these cases.
Australia
21 May 2018
10
Residential Focus - 9 May 2018: Part 1
The NSWCAT Appeal Panel looked at the extent of the Tribunal's power to make a money order on a renewal application.
Australia
21 May 2018
11
Getting ahead of the pack: the case for an expedited hearing
Any applicant seeking a grant of expedition needs to satisfy the Court that their matter meets this requisite criteria.
Australia
21 May 2018
12
Loan establishment fee deemed to be a penalty by the Victorian Court of Appeal
Parties should review existing agreements, especially standard form contracts, to ensure the enforceability of the terms.
Australia
5 May 2018
13
Competition & Consumer Law News - 1 May 2018
This newsletter includes links to recent media releases, reports and cases relating to competition and consumer law.
Australia
5 May 2018
14
NSW Government Bulletin - 2 May 2018: Part 1 - Federal diversity jurisdiction
Any court or tribunal, not a Court under Chapter III of the Constitution, cannot exercise federal diversity jurisdiction.
Australia
5 May 2018
15
Recent judgment provides key Security of Payment insights
This case creates a division between NSW and Victoria in how the courts apply the SOP legislation to insolvent companies.
Australia
26 Apr 2018
16
Residential Focus - 10 April 2018: Part 1 - NCAT Procedural Direction on expert evidence
The updated NCAT Direction suggests that a new rigour will be applied by the Tribunal in dealing with expert evidence.
Australia
13 Apr 2018
17
Streamlined dispute resolution: crucial in complex contractual arrangements
This case emphasises the importance of streamlining dispute resolution mechanisms in complex contractual arrangements.
Australia
7 Apr 2018
18
Residential Focus - 28 March 2018
This newsletter includes links to recent media releases, reports, cases and legislation relating to residential buildings. .
Australia
3 Apr 2018
19
NSW Government Bulletin - 21 February 2018
Although HC is yet to decide on jurisdiction of state tribunals the NSW Panel has come to its own conclusion.
Australia
27 Feb 2018
20
Residential Focus - 14 February 2018: Part 1 - Dispute resolution clause
The Court found that the dispute resolution clause did not provide a clear mechanism for the resolution of a dispute.
Australia
19 Feb 2018
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