Results for "Disputes"
11-20 of 1907 results for 'Disputes'
Planning for fair winds ahead: key risks for disputes in the Australian offshore wind industry
In this Insight, we outline some of the key risks which might give rise to disputes and how those risks can best be managed as Australia aims for fair winds ahead. ...
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...
Burger rivals in dispute with the lot
McDonald's has sued Hungry Jack's in an effort to have the latter's trade mark, Big Jack, cancelled based on various grounds. Regardless of the outcome, the case is a timely reminder to use caution when employing comparative advertising against competitors. ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
Resolving and valuing disputed variation claims under BCIPA in Victoria
The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...
Federal Court finds FWC can resolve Qantas stand down dispute
The Federal Court has confirmed that the Fair Work Commission has jurisdiction to hear a dispute about the legality of stand downs Qantas and Jetstar initiated under their enterprise agreements, and has shed light on the dispute resolution clauses in those EAs. ...
Improving external dispute resolution schemes - rather odd recommendations
It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...
Dispute Resolution Boards: appointing DRB members and encouraging the diverse next generation of board members
In this Insight, we discuss the contractual structure governing the appointment of DRB members, how members are usually appointed, and possible modifications to the appointment process to reduce barriers for new entrants and increase the diversity of candidate pools and, consequently, DRBs. ...
Land Court hands down first Native Title Protection Conditions Recommendations Dispute Judgment
The decision was the first of its kind in relation to the Native Title Protection Conditions (NTPCs), which are conditions that apply to many exploration permits in Queensland. The decision will have implications for explorers with exploration permits granted subject to the NTPCs, and provides guidance on what are reasonable recommendations a native title party can make regarding exploration activities undertaken pursuant to the conditions. ...
Pandemic caused stoppage of work, says Federal Court in Qantas stand down dispute
The Federal Court has confirmed that government restrictions on travel and quarantine measures stemming from the COVID-19 pandemic caused a stoppage of work for the purpose of stand downs initiated by Qantas and Jetstar under their enterprise agreements. ...