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Strategies for a Successful Mediation

20-9-19 / Matthew Jones KC — Contract, Commercial Equity, Corporations

Mediation is an undervalued dispute resolution tool which is most successful when properly prepared and planned. At a CLE event hosted by Downs & South Western Qld Law Association on Thursday 5 September, Matthew Jones explored the theory and practice behind successful mediation, including concrete recommendations as to planning offers,…

Can my contract be varied by what happens on site or how claims are treated?

7-8-19 / Claire Schneider, Michael Trim — Building & Construction, Contract

Hosted by the Society of Construction Law, Michael Trim and Claire Schneider addressed an audience of lawyers and construction industry experts with the question "Can my contract be varied by what happens on site or how claims are treated?" The presentation looked at effective agreement clauses in contracts in light…

Diamond in the Rough: Finding Value In and Maximising Prospects in Disputes Through Mediation

25-6-19 / Glenn Newton KC, Matthew Hickey OAM KC — Banking, Building & Construction, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Land Law & Property, Media & Defamation, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy

On 18 June 2019 Glenn Newton QC, facilitated by Matthew Hickey, provided a seminar on the essential factors to increase the prospects of a successful mediation. Topics examined included: Recognising what mediation involves Essentials for mediation preparation The central role of emotional intelligence as well as analytical intelligence, and how to…

Originating process, pleadings and amendment: Queensland

8-4-19 / James Green, Borcsa Vass — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

James Green and Borcsa Vass have contributed the chapter 'Originating process, pleadings and amendment: Queensland' to Thomson Reuters' Practical Law Australia Dispute Resolution module. This chapter explains how proceedings are commenced and the practice and procedure of pleadings, particulars and amendment in Queensland under the Uniform Civil Procedure Rules 1999 (Qld)…

All cards face up: practical and ethical considerations when applying for ex parte relief

14-2-19 / Rob Anderson KC, David Chesterman KC — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, International, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

Litigants are usually within their rights to chose what material they place before the Court; or, in other words, to chose what cards they play. Ex parte applications are an exception. Recent cases have provided lawyers with a stark reminder of their duty to make full and frank disclosure when making a…