Archive for the 'Civil Litigation' Category

Green light for plaintiff’s second crack: Double D’s can double these ($$)

Monday, June 20th, 2011

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Negligence, pure economic loss and related entities

Saturday, June 18th, 2011

Arthur Allens Robinson Project Company No 2 Pty Ltd v Cushway Blackford & Associates Pty Ltd & Anor [2011] QCA 102 The Queensland Court of Appeal has allowed an appeal and ordered that a party be added as a plaintiff to a case yet to be heard. The court below had dismissed the application on [...]

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.

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 [...]

Holdout defendants must pay claim in full – happy plaintiff pockets pre-trial settlement from others

Wednesday, March 16th, 2011

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Assessment of damages and guesswork

Tuesday, March 1st, 2011

Greg Condon Transport v Gordon [2011] QDC 7 Baulch SC DCJ [58] I have no reason to think that the Plaintiff was dishonest when he gave the evidence that he gave in respect of the replacement of the vehicle. I do, however, think that the Court is entitled to expect that evidence proving a significant [...]

HCA: Practice and procedure – costs

Saturday, January 29th, 2011

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Victorian Civil Procedure Act

Thursday, November 4th, 2010

Allens Arthur Robinson In brief: The Victorian Parliament recently introduced new legislation that may have a significant impact on the conduct of civil litigation in Victoria. The legislation will commence on 1 January 2011. Partner Andrew Maher (view CV) and Senior Associate Matthew McCarthy report. Civil Procedure Act 2010 Commencement of the Act   Reproduced [...]

Commercial List – District Court

Tuesday, November 2nd, 2010

Practice Direction No.3 of 2010 establishing the District Court commercial list commenced on 29 October 2010.   Brisbane Barrister – David Cormack

Civil Proceedings Bill 2010

Thursday, October 21st, 2010

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David Cormack, Barrister