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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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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A Charge may be Rectified after the Debtor has been Placed in Liquidation or Administration

In Saraceni v Mentha [No.2] [2012] WASC 336 a director sought to challenge the appointment of receivers to Westgem Investments Pty Ltd ("Westgem") under a fixed and floating charge ("the Charge").  In 2008 Westgem entered into a ...

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The Next Step

In the matter of Partridge v Hobart City Council & Ors [2012] TASFC 3 delivered 27 July 2012, the plaintiff brought an action in negligence for damages for personal injuries sustained to her back, knee and hand in a fall as sh...

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Letting the Chips Fall Where They May Doesn’t Pay

In the recent High Court decision of Strong v Woolworths, the Court was asked to consider whether the plaintiff had proven that the defendant was negligent in circumstances where there was no evidence to complete the chain of caus...

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