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Litigation
Court Procedure
Australia
Carroll & O'Dea
This amendment sets out that once proceedings have been commenced, a proper defendant must be nominated by Form 85A.
Bartier Perry
As the defendant son brought the claims, he was ordered to pay the costs of the contested probate legal proceedings.
Holding Redlich
Urgent contested applications, including injunctions, may proceed by phone and video, during this COVID-19 crisis.
Davies Collison Cave
The Federal Court of Australia is continuing to operate during COVID-19 disruption, with hearings continuing (where practicable) using remote access technology.
Stacks Law Firm
Delays caused by the COVID-19 pandemic have caused major disruptions to the progress of all matters in the NSW courts.
Stacks Law Firm
The restrictions put in place due to the COVID-19 pandemic have caused major disruptions to every part of court process.
Gilchrist Connell
If proceedings are brought after the expiry of a limitation period, the claim could be shut down at an early stage.
Sydney Criminal Lawyers
The accused allegedly concocted a sham illness to obtain a medical certificate to be excused from court for the day.
Norton Rose Fulbright Australia
The claim for compensation under the "usual undertaking" in respect of its PLAVIX preliminary injunction was dismissed.
Marque Lawyers
Courts and arbitration bodies are quickly adapting to the use of technology for online filing and dispute resolution.
Sydney Criminal Lawyers
Current delays brought about by COVID-19 have led to the introduction of judge-only trials for the next six months only.
Madgwicks
Courts in Victoria are open, but are changing the way they operate in response to the coronavirus (COVID-19) pandemic.
Corrs Chambers Westgarth
This decision confirms a protective attitude towards court-appointed liquidators, acting as a "delegate" of the court.
BRI Ferrier
This framework could help explain the evidentiary challenges associated with unravelling the impact of the two events.
Colin Biggers & Paisley
An update on the virtual courtroom and further decisions considering when COVID-19 constitutes grounds to adjourn.
HBA Legal
The Tribunal noted that the burden lay with the applicant to be ready to bring the matters forward in a timely manner.
Kott Gunning
The message from this decision was don't "say it/write it/send it", if you are not happy for it to be read out in court.
Holman Webb
Each court has its own protocol in relation to the taking of Affidavits, so this article includes the procedure in some.
Sydney Criminal Lawyers
The decision whether to grant an adjournment or a stay is to be made in the exercise of the trial judge's discretion.
Gilchrist Connell
The costs order was made personally due to the liquidator's unreasonable conduct and not from the assets of the company.
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