how to make sure the pen is mightier than the sword - Clayton Utz
Jun 24, 2021 · This was a key factor in the recent decision of Mallonland; foreshadows an application for indemnity costs – if the offer is not accepted. In summary, writing a clear, well-formed Calderbank offer can be "mightier", and accomplish more, than the sword of litigation. We've all heard the saying "the pen is mightier than the sword", but when it ...
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Public Law Essentials 05: Procedural fairness | Clayton Utz
Aug 4, 2022 · In Australia, the duty to accord natural justice or procedural fairness was previously implied from a duty to act fairly when exercising a power affecting the rights, interests and legitimate expectations of a person. The concept of procedural fairness was first recognised as a common law duty in Kioa v West (1985) 159 CLR 550.
Sydney Office - Clayton Utz
Level 15 1 Bligh Street Sydney New South Wales View on Google Maps Tel: +61 2 9353 4000 Fax: +61 2 8220 6700. Download contact card . Clayton Utz, GPO Box 9806, Sydney, New South Wales, 2001, Australia, DX 370 Sydney
Restraints of trade in the employment context 01: What do I need …
Mar 31, 2022 · Post-employment restraint of trade clauses are often found in business sales and employment agreements. Their core function is to seek to restrain a party from doing something. In the employment context, there are typically two main types of restraint clauses, being: Non-competition clauses, which seek to prevent employees from competing with ...
Litigation 101: interlocutory injunctions - Clayton Utz
Sep 1, 2022 · Litigation 101: interlocutory injunctions. An interlocutory injunction operates until the final hearing to protect the applicant against injury for which it could not be adequately compensated in damages if the alleged infringement of its rights were to occur. Interlocutory injunctions are a powerful and important step for a litigant to ...
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Workplace investigations refresher part 7: Procedural fairness: …
Aug 5, 2021 · Key takeaways for employers. As we have seen from some of the cases discussed in this article, whether a respondent has been given a sufficient opportunity to respond to the allegations such that an employer has discharged its procedural fairness obligations is …
Contractual indemnities - drafting effective clauses - Clayton Utz
May 1, 2013 · This will help you to draft an effective indemnity clause. The existing position at common law and under statute. The nature of any loss or damage that is recoverable in connection with a contract varies depending on the subject matter of the contract. Often the subject matter of a contract will be such as to give rise to loss or damage from ...
Fundamental reform recommended for "ineffective and inefficient" …
Feb 4, 2021 · The Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was released last week. The Report finds that Australia's current environmental trajectory is unsustainable, and that fundamental reform of the EPBC Act is required to halt the decline with a focus on restoration.