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Playing by the rules dispute resolution clauses to be strictly enforced

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • September 21 2009

The age old proclamation "we’ll see you in court" has been limited by the recent Victorian Supreme Court decision of 1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd 2009 VSC 226

Canadian Royalties Inc v Nearctic Nickel Mines Inc - court confirms arbitrators' ability to order specific performance of contracts

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • March 3 2011

The Quebec Superior Court, in a decision rendered in Canadian Royalties Inc. v. Nearctic Nickel Mines Inc. on September 22, 2010, confirmed a consensual arbitrator's ability to order specific performance of contracts

Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • 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