Archive for the 'Civil Procedure' Category

Commonwealth Civil Dispute Resolution Act 2011: An overview

Friday, May 13th, 2011

 Norton Rose Introduction Effect of the legislation Implications Excluded Proceedings Conclusion Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

Third-in-line lawyer fails to take step: sex massage claim struck out

Thursday, May 12th, 2011

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Bad news for insurers – increased litigation risk

Monday, May 9th, 2011

Allens Arthur Robinson In brief: The NSW Court of Appeal has upheld a decision in which a plaintiff was granted leave to join the defendant’s insurer as an additional party to proceedings. This is potentially beneficial for plaintiffs and problematic for insurers. Partner Michael Quinlan (view CV) and Lawyer Andrew Lazzaro report. Background The decision [...]

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 [...]

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.

Solicitor hoisted on own petard: oily rag strategy no excuse after 4.5 year lapse

Friday, February 18th, 2011

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HCA: Apprehended bias – Curtis J

Friday, February 11th, 2011

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Setting trial dates civil jurisdiction (Brisbane)

Tuesday, November 9th, 2010

Practice Direction No. 9 of 2010, supersedes Practice Direction 4 of 2000. Brisbane Barrister – David Cormack

David Cormack, Barrister