A registered costs assessment certificate is enforceable as judgment of the relevant Court. In Cappello v Homebuilding Pty Ltd [2024] NSWCA 88, Adams & Partners Lawyers (APL) sought and obtained an order for the summary dismissal of a Summons seeking judicial review of a District Court enforcement order in relation to a judgment entered following
Is it a Judgment of the Court and Can I Enforce it? Read More »
Offers Litigation is both stressful and expensive. It is for this reason that it is often recommended that parties engaged in litigation should make offers early and often. Offers have a dual purpose. The first purpose is to attempt to resolve the matter in a cost effective and rapid manner. The second purpose however is
Offers to Resolve Proceedings Made During the Course of Litigation Read More »
The general principles that apply to your industry also applies to all other businesses around Australia. It applies to consumers, businesses, products and services. When you supply any goods or services, the Act implies that you are providing a consumer guarantee in relation to those goods or services that you are providing. Some of the
Australian Consumer Law Read More »
The purpose of the Act and the adjudication process it introduced is to provide a quick and interim resolution to a dispute and ensure that payment for services rendered is promptly made and not unreasonably withheld. The Act facilitates cash flow down the chain and is a powerful tool for “smaller” parties seeking to recover
Building & Construction Security of Payment Act: Purpose and Application Read More »
The general rule with respect to legal costs is that costs follow the event, unless the court determines that some other order should be made. In other words, if you win a legal case, you are entitled to recover your legal costs from the losing opponent, unless the Court says otherwise. A scenario where the
Settlement Offers and Costs Ramifications Read More »
Bankruptcy is a legal process where a person is declared unable to pay their debts. The process of bankruptcy can either be voluntary or involuntary. A voluntary bankruptcy is where the person voluntarily enters into bankruptcy. An involuntary one is where a creditor – that is, a person who is owed money – seeks court
What is Bankruptcy? Read More »
For many businesses, registering a default listing against a debtor with a credit reporting agency is common practice and assists in the debt recovery process. However, many businesses are not aware of the steps that must be taken under the Privacy Act 1988 (Cth) (“the Privacy Act”) and could render a listing invalid, such that
Default Listings: Key Things Every Business Must Know Read More »
Human skills in medicine have come a long way, becoming more and more sophisticated as time has gone on. Surgery can still be a scary thought, but it used to be that the thought of any surgery without any or little painkilling caused humans to prefer certain death over surgery. Surgery was horrifically painful, bloody,
A 2019 Guide to Medical Negligence Read More »
Contractual relationships govern most of our daily interactions and over the course of our lives most of us will enter into a contract either as an individual or business. In many cases, these contracts concern one party owing money to another. What often comes as a surprise is that in NSW, there comes a time
Is my claim for a debt statute barred? Read More »
When a couple separate it is usually the case that one party leaves the home and takes what they can fit in a suitcase. This leaves the other party with the remainder of their property. So, what can you do with your ex’s property, regardless of whether it is valuable or sentimental, can you legally
Can you Throw Out your Ex’s Property? Read More »
