Litigation & Dispute Resolution

Is it a Judgment of the Court and Can I Enforce it?

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 […]

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Offers to Resolve Proceedings Made During the Course of Litigation

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

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Building & Construction Security of Payment Act: Purpose and Application

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

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Settlement Offers and Costs Ramifications

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

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Default Listings: Key Things Every Business Must Know

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

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A 2019 Guide to Medical Negligence

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,

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Is my claim for a debt statute barred?

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

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