Application for Examination Summons – Full and Frank Disclosure is a Fundamental Requirement

A recent Western Australian judgment confirms and sets out the requirements for, full and frank disclosure when seeking orders for examination[1]. Griffin was the wholly owned subsidiary of Devereaux Holdings Pty Ltd. The Deed ...

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Five Things You Need To Know About The Civil Procedure Amendment Act 2012

The Civil Procedure Amendment Act 2012 (Vic) ("the Amending Act") has recently been passed and commences in two stages; all amendments except those relating to certification start on 24 December 2012, the certification amendments ...

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Discussion Paper Released on Tax Concessions for Not-for-Profits

Recently, the not-for-profit sector Tax Concession Working Group ("Working Group") released a discussion paper, "Fairer, simpler and more effective concessions for the not-for-profit sector" to stimulate debate and feedback on the...

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Offers of Compromise and Calderbank Offers in the Supreme Court of Tasmania and Costs Ramifications

Where a party has unreasonably failed to accept a Calderbank offer, the letter of offer may be tendered in support of an application for costs and, in particular, any application for indemnity costs.  For a party who chooses to...

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The Long and Winding Road: Interplay of MVAs and Workers’ Compensation in Tasmania

The plaintiff, Russel Cook, was injured as a result of a motor vehicle accident. The driver, Ronald Buckingham, negligently ran off the road when driving the plaintiff to work. Mr Cook sued for damages sustained as a result of the...

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Building Demolition – is it Waste?

The recent decision of Craig J in Environment Protection Authority v Terrace Earthmoving Pty Ltd & Page [2012] NSWLEC 216 provides an intriguing and somewhat restrictive interpretation of what is 'waste' in relation to the off...

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