Archive for March, 2011

PIPA: non-compliance with pre-court procedures – alleged conflict with Commonwealth laws

Thursday, March 31st, 2011

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Setting aside “without prejudice” settlement/mediations for false and misleading statements

Wednesday, March 30th, 2011

 Pihiga Pty Ltd v Roche [2011] FCA 240 The parties agreed to participate in a mediation which culminated in a settlement deed that the applicants (“Pihiga”) would sell their shares to the respondent (“Roche”). Pihiga sought an order declaring the settlement deed void, setting it aside or rescinding it on the basis that the Roche [...]

CLA: “Obvious Risk” and “Dangerous Recreational Activity”

Tuesday, March 29th, 2011

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Construction management services – defects rectification

Monday, March 28th, 2011

Allens Arthur Robinson The Queensland Court of Appeal has held that a construction manager, which provided only construction management services and did not undertake any building works, was obliged to rectify defective building work if so directed by the Queensland Building Services Authority under the Queensland Building Services Authority Act 1991 (Qld). In doing so, [...]

Adjudication decisions – judicial review

Sunday, March 27th, 2011

Allens Arthur Robinson The Queensland Court of Appeal has followed the High Court and found that, despite the specific exclusion of the Building and Construction Industry Payments Act 2004 (Qld) from the operation of the Judicial Review Act 1991 (Qld), the legislature cannot exclude the power of a State Supreme Court to exercise its supervisory [...]

UCPR: 681 (1) – costs ordinarily following the event

Saturday, March 26th, 2011

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Commonwealth Civil Dispute Resolution Bill 2010 passes through Parliament

Friday, March 25th, 2011

Norton Rose Introduction Effect of the legislation Important Points to Note Excluded Proceedings Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

Price signalling laws introduced

Thursday, March 24th, 2011

Allens Arthur Robinson In brief: The Federal Government today introduced into Parliament a Bill to prohibit the disclosure of pricing and other information to competitors. Partners Fiona Crosbie (view CV) and David Brewster (view CV) report. Background Key changes Comment Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.

FWO: penalty hearing – 32 employees underpaid $46,205.21 over 2 years

Wednesday, March 23rd, 2011

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WCRA: ss.308C/308E (G v K) – Cameron v Foster appeal dismissed

Tuesday, March 22nd, 2011

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David Cormack, Barrister