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Litigation
Court Procedure
Australia
Colin Biggers & Paisley
Qld Court of Appeal dismissed appeal against the refusal of an application seeking a search order under rule 261A of the UCPR.
Corrs Chambers Westgarth
This decision suggested that security for costs would rarely, if ever, be ordered in class actions under the FW Act.
Corrs Chambers Westgarth
A new taxonomy - 'Commencement CFOs', 'Settlement CFOs', and 'Judgment CFOs' – has been introduced in class actions.
Carroll & O'Dea
Legal limitation periods may in fact preclude you from successfully taking legal proceedings to recover the loan.
Swaab
This is an application to set aside a judgment, as either made irregularly, against good faith or in the absence of a party.
ClarkeKann Lawyers
Times when you can rely on a conversation recorded without consent, are limited to very specific circumstances.
Spruson & Ferguson
An extension to the grace period could be useful to overcome the applicant's own prior disclosure or prior use.
Coleman Greig Lawyers
Consent orders obtained on the basis of false information would justify a court order to vary or set aside those orders.
Canada
Pallett Valo LLP
With daily cases of COVID-19 steadily on the rise throughout Ontario, the provincial government is starting to enact more restrictions to slow the spread of the virus.
Blaney McMurtry LLP
Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 16, 2020.
Norton Rose Fulbright Canada LLP
In the context of a lawsuit by the Agence du revenu du Québec (ARQ) for failure to report and remit various tax amounts, the defendants sought to exclude the evidence seized by the ARQ under a...
Blaney McMurtry LLP
Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 9, 2020.
Siskinds LLP
In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality...
Fogler, Rubinoff LLP
This article will address frequently encountered evidentiary issues on motions and applications, how to overcome certain problems, and present properly.
Blaney McMurtry LLP
Please find below our summaries of the civil decisions of the Court of Appeal for the week of November 2, 2020. There were quite a few substantive decisions released this week.
Blaney McMurtry LLP
Instead, it was enacted so that if a municipality found value in arguing receipt, it could rely on the evidentiary shortcut that s. 381(2) provides
France
Charles Russell Speechlys LLP
Recent changes to the French Civil Procedure Code significantly enhance the efficacy of judgments, even when an appeal has been filed.
Germany
Fross Zelnick Lehrman & Zissu, PC
Germany is known as a jurisdiction where ex parte preliminary injunctions are relatively easy to obtain.
Ghana
Robert Smith & Adelaide Law
International Arbitration Comparative Guide for the jurisdiction of Ghana, check out our comparative guides section to compare across multiple countries
Ogier
Where a potential judgment debtor in "onshore" proceedings threatens to dissipate its assets, the plaintiff may face a Pyrrhic victory with no assets against which to enforce its judgment.
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