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The distinction between joint, several, joint and several liability and ...
WEBApr 30, 2020 · A key, practical difference between "joint" and "joint and several" liability is the mechanics of suing for the liability. It's generally easier to sue a single party who is jointly and severally liable, particularly where the other liable party is outside the jurisdiction. For joint and several liability, it can be more effective to pick the ...
Litigation 101: The differences between deeds and agreements
WEBAug 18, 2022 · A deed must be executed in writing. In contrast, agreements can be oral or in writing, unless specified by statute. A deed provides a longer limitation period. The limitation period for bringing an action under a deed is much longer than the limitation period for agreements and varies for each Australian jurisdiction.
Public Law Essentials 02: Delegations and authorisations
WEBJun 24, 2022 · Paragraph 34AB (1) (d) recognises that a delegation under an express power of delegation, while enabling a delegate to exercise powers in their own right, does not result in the power being removed from the delegating authority. The delegating authority can still exercise the powers as necessary. Forms of delegations.
High Court sets materiality at centre of establishing jurisdictional ...
WEBJun 10, 2021 · Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of …
Three lessons from the Federal Court on avoiding misleading or ...
WEBApr 1, 2021 · A recent decision by the Federal Court reiterates the importance of ensuring that promotional and marketing materials for financial products fairly represent the product, features and risks and comply with ASIC's Regulatory Guide 234 on Advertising financial products and services (including credit): Good practice guidance, to mitigate against the risk of ASIC taking any enforcement action for ...
Understanding the process and obligations - Clayton Utz
WEBJun 9, 2022 · Discovery (referred to as disclosure in certain jurisdictions, including Queensland) is an interlocutory procedure whereby a party obtains from their opponent the discovery and subsequent production of documents which are relevant to issues in the proceeding. Discovery can also be ordered: from a non-party (non-party disclosure).
Do they do what you think they do? - Clayton Utz
WEBSep 17, 2010 · The inclusion of an indemnity covering breach of contract has become increasingly common in modern construction contracts. There are two perceived key benefits of including this sort of indemnity: it allows for the recovery of loss as a debt as opposed to a traditional claim in damages; and. all …
Money Money Money: Costs in native title proceedings and the ...
WEBMar 21, 2019 · A recent Federal Court of Australia judgment suggests that costs provisions under the Native Title Act 1993 (Cth) (NTA) could apply to applications brought under other legislation, if those applications relate to the administration of the NTA.Also worthy of note is a recent prosecution brought in the Magistrates Court under the Aboriginal Cultural Heritage Act 2003 (Qld) (ACH Act) for failure ...
Unfair contract terms 02: Automatic renewal clauses
WEBMar 4, 2021 · Unfair contract terms 02: Automatic renewal clauses. By Peter Sise. 04 Mar 2021. The test for whether a term is unfair is not so clear that contract drafters can have absolute confidence that they can prevent an automatic renewal clause from falling foul of the unfair contract term laws, but there are drafting measures that can reduce that risk.
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