The distinction between joint, several, joint and ... | Clayton Utz
Apr 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 ...
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Contractual indemnities - drafting effective clauses - Clayton Utz
May 1, 2013 · The most important tip for drafting an effective indemnity is to ensure that the clause is worded to suit the particular circumstances of the contracting parties. If there is a dispute about the operation of a contractual indemnity, the balance of the contract will help to identify how the indemnity operates.
Workplace investigations refresher part 7: Procedu... | Clayton Utz
Aug 5, 2021 · A respondent is not entitled to see every single piece of evidence that is collected throughout an investigation. However, if a decision maker relies on evidence that is adverse to a respondent, then the respondent should be given an opportunity to comment on that evidence.
how to make sure the pen is mightier than the sword - Clayton Utz
Jun 24, 2021 · Two recent Queensland Supreme Court decisions, Barboza v Blundy & others [2021] QSC 82 and Mallonland Pty Ltd & Anor v Advanta Seeds Pty Ltd [2021] QSC 132, are a reminder to regularly revisit the key features of a Calderbank offer if you want it to be a "mighty" tool for pursuing a settlement, or in the absence of a settlement, indemnity costs.
Your contract has expired? Watch out for these potential ...
Apr 14, 2016 · Watch out for these potential legal landmines. by Ian Bloemendal, Natalie Watson, Erica Flude. 14 Apr 2016. The key to ensuring that an expired contract isn't kept on foot is to engage in good contract management. In the commercial world there exist myriad fixed term goods and services contracts. Towards the end of a contract, parties may come ...
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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.
Litigation 101: The differences between deeds and agreements
Aug 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.
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 ...