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Article
NSW Dust Diseases Tribunal (DDT) – Article #3: Claiming damages
The DDT hears civil claims for damages from people who allege the disease was caused from another person's negligence.
AustraliaLitigation, Mediation & Arbitration
Carroll & O'Dea
Article
Offer Of Compromise - Two Months Within Hearing - Beware The Pitfalls
Case Notes from the Court of Appeal decision of Pittorino v Yates relating to the service of an Offer of Compromise less than 2 months before hearing and whether enforceable where plaintiff is refused an extension of time if the request is deemed reasonable.
AustraliaLitigation, Mediation & Arbitration
Curwoods Lawyers

The Case Of The Flying Tissue Box – "Zurich Australian Insurance Limited v Raman"; "Gyimah v Mackay [2009] NSWCA" – The Dangers Of Unsafe Evidence

A recent Court of Appeal decision examined, amongst other things, whether the trial judge wrongly placed significant weight on photographic evidence of tissues and a tissue box in a taxi that was involved in an incident with a passenger.

AustraliaLitigation, Mediation & Arbitration

The jurisdiction of the Dust Diseases Tribunal of New South Wales – Nervous Shock excluded

The NSW Court of Appeal restricted the jurisdiction of the Dust Diseases Tribunal to exclude claims for nervous shock.

AustraliaLitigation, Mediation & Arbitration

Curwoods Lawyers

The legal system in WA: one big conspiracy?

WA Courts have been subject to a plague of self-represented litigants with a barrage of unfounded conspiracy theories.

AustraliaLitigation, Mediation & Arbitration

Assange appeals for his life, global press freedoms and international justice

Threats of US extradition and conviction undermine press freedoms and international justice for journalists.

AustraliaMedia, Telecoms, IT, Entertainment

Sydney Criminal Lawyers

Challenging Security of Payment Adjudications – is Brodyn Good Law?

The decision in Brodyn has reinforced the transformation in the legal environment underpinning construction contracts in NSW by significantly restricting the ability of principals to challenge adjudications, but is it good law?

AustraliaReal Estate and Construction

Construction Update - Can Security Of Payment Legislation Operate Down The Contractual Chain?

A question that is frequently asked is whether the "Building and Construction Industry Security of Payment Act" 1999 (NSW) (the Act) or the "Building and Construction Industry Payments Act" 2004 (Qld) can operate down the contractual chain.

AustraliaReal Estate and Construction

DLA Piper Australia

Your Corporate Facebook Page: Liability For Third-party Comments Confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings (our earlier article is here), the Court of Appeal...

AustraliaMedia, Telecoms, IT, Entertainment

Johnson Winter & Slattery

Queensland Court of Appeal overturns decision in Phoenix Constructions case

Queensland Court of Appeal revisits a creditor's right to seek damages under section 1324(10) of the Corporations Act.

AustraliaCorporate/Commercial Law

Colin Biggers & Paisley

Restraint Of Trade Clauses In Business Sale Agreements – What NOT To Do

Restraint of trade clauses in business sale agreements must be drafted with enough specificity to avoid being struck out by the Court as unreasonable.

AustraliaCorporate/Commercial Law

Choosing The Best Criminal Defence Lawyer For Serious Charges In Qld

If you are facing serious criminal charges in Qld, most people start by searching for the best criminal defence lawyer in Brisbane.

AustraliaCriminal Law

Ashworth Lawyers

Recovering costs from the fruits of litigation

Family Law litigation can be very expensive, labour intensive work and very challenging when clients change solicitors.

AustraliaFamily and Matrimonial

Coleman Greig Lawyers

Claims against insurers and proportionate liability

This case examined claims against insurers under s601AG of the Corporations Act, and the proportionate liability regime.

AustraliaInsurance

Appeals from the Minor Cases Division of the Magistrates Court in Western Australia – Traps for the unwary

Be sure that you do not have an order made against you in a minor cases claim, because they are difficult to appeal.

AustraliaLitigation, Mediation & Arbitration

HHG Legal Group

Calling all witnesses! – The importance of calling key witnesses

Discussion about recent Court of Appeal case concerning contributory negligence and assessment of damages.

AustraliaLitigation, Mediation & Arbitration

Expertly Unqualified - Warning On Expert Evidence

Lowe was a partnership, operating an interstate transport business carrying goods by truck along the east coast of Australia.

AustraliaLitigation, Mediation & Arbitration

Handling Potentially Complex Disputes: Multi-Tiered Dispute Resolution Clauses

A carefully drafted multi-tiered dispute resolution clause guides parties through a structured process, ultimately increasing their chances of reaching an early settlement.

AustraliaLitigation, Mediation & Arbitration

Peanut butter makers find themselves in a sticky situation

Australian Federal Court restrained US arbitration on the grounds that it could affect proceedings in Australia.

AustraliaLitigation, Mediation & Arbitration

McCullough Robertson

Redress – Are we there yet?

The limitations of the various restitutive schemes have resulted in many people being excluded from achieving justice.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Showing 861–880 of 1091 results

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