The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime and the things that businesses must prove to successfully defend a claim.
Parties to commercial contracts commonly agree on dispute resolution processes to seek to avoid court proceedings in the event of a dispute. These often provide very limited scope for an unsuccessful party to challenge the result. A recent Queensland case illustrates the risks for unsuccessful parties in the context of an expert determination clause.
This achievement is a testament to the dedication and expertise of our entire litigation and dispute resolution team, who have continued to provide outstanding service to clients throughout FY24.
This achievement is a testament to the dedication and expertise of our entire litigation and dispute resolution team, who have continued to provide outstanding service to clients throughout FY23-24.
Cooper Grace Ward has further expanded its market leading disputes practice with two impressive commercial litigators from top tier firms:
Brock Morgan and Andrew Vella.
Cooper Grace Ward is delighted to announce that partner Miranda Klibbe has been named as a finalist in the 2024 Lawyers Weekly Partner of the Year Awards for Dispute Resolution.
Defamation actions include a ‘serious harm’ threshold that often enables respondents to more readily dispose of complaints that do not result in significant damage to the claimant’s reputation. The recent decision in Peros v Blackburn highlights one pitfall for parties defending defamation actions in seeking separate ‘serious harm’ hearings in the Federal Court, and raises whether the Federal Court Rules require amendment to better align with the defamation legislation of the states and territories.
The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.
The recent Queensland Court of Appeal case of Karageozis atf Bankrupt Estate of Lamb v Sherman [2023] QCA 258 provides useful clarification of the scope of protection from liability for defamation under the qualified privilege defence in the context of police complaints.
Click below for who, what, where with law clerk in our litigation and dispute team, Laila Bowden. Hear how long she’s been at Cooper Grace Ward Lawyers, what she would be doing if she wasn’t in law and what she loves about her job.
Cooper Grace Ward’s litigation and dispute resolution team and lead partner Rocco Russo continue to receive outstanding market recognition having been ranked in the recently released Chambers Global 2024 international rankings.
Business sales are often fertile ground for allegations of contraventions of the Australian Consumer Law, but it will take more than a misleading statement for a court to grant relief. A recent Queensland Court of Appeal case demonstrates a common scenario.