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Achieving practical justice: ‘upsetting the applecart’ of relief on jurisdictional challenges to adjudication decisions
- Norton Rose Australia
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- Australia
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- March 28 2013
It has been established law for a number of years that a respondent who is unsuccessful in an adjudication under the Building and Construction
Will proportionate liability legislation apply to arbitrations?
- Norton Rose Australia
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- Australia
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- January 31 2013
Will proportionate liability legislation apply to arbitrations? Not in Western Australia and probably not in any other jurisdiction in Australia
Commercial Arbitration Bill 2012 (Qld) A change for the better?
- Norton Rose Australia
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- Australia
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- January 29 2013
The Commercial Arbitration Bill 2012 (Qld) (Arbitration Bill) amends the Commercial Arbitration Act 1990 (Qld) (Arbitration Act) and includes
Parliament passes Sustainable Planning and Other Legislation Amendment Bill 2012
- Norton Rose Australia
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- Australia
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- November 16 2012
On 13 November 2012, the Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by the Queensland Parliament
Current trends in dispute resolution: what to expect
- Norton Rose Australia
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- Australia
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- October 12 2012
In April this year, Norton Rose Australia undertook a survey to identify the current trends in dispute resolution amongst Australian Government agencies
Using dispute boards on PPPs
- Norton Rose Australia
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- Australia
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- October 9 2012
A number of recent and ongoing Australian PPP projects have and continue to face significant delays and financial distress
A high burden to displace an adjudicator’s decision
- Norton Rose LLP
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- Australia
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- October 9 2012
Section 46(3) of the Construction Contracts Act 2004 (WA) (CC Act) broadly provides that except by way of application to the State Administrative Tribunal, a decision or determination of an adjudicator cannot be appealed or reviewed
Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes
- Norton Rose LLP
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- Australia
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- October 5 2012
The judgment of Justice Reeves handed down on 6 September 2012 in the Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) 2012 FCA 977 is the first judicial consideration of the costs consequences of failing to file a ‘genuine steps statement’ as required by the Civil Dispute Resolution Act 2011 (Cth) (CDR Act
London arbitration clauses no longer valid
- Norton Rose Australia
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- Australia
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- September 13 2012
Dampskibsselskabet Norden AS, (Owners), entered into a voyage charterparty with Beach Building and Construction Group (of which Bowen Basin Coal Group forms a part), Australia, (the Charterers), dated 6 October 2009 (Charterparty) for the carriage of coal from Australia to China
Requirement to take 'genuine steps' to settle disputes
- Norton Rose Australia
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- Australia
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- June 8 2012
The recent Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys 2012 FCA 282 provides the first substantial insight into how the Courts will interpret and apply the obligations set out in the Civil Dispute Resolution Act 2011 (Cth) (CDR Act) which came into force on 1 August 2011
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