Federal Court of Australia’s Post

How interesting (relatively speaking): "The List will be conducted by a Registrar of the Court on Friday each week (with staggered start times to accommodate time-differences between various States and Territories). The List will take place virtually. Upon filing, the Registry will list new general protections proceedings for a first case management hearing on the List within 4-6 weeks of the application being accepted for filing. .... Issues that may arise on the List include, but are not limited to: ... * whether formal pleadings ought be ordered, or further and better particulars; ... * whether the proceeding has been commenced in the appropriate Court, and if not, whether a transfer order ought be made. ... Following initial case management on the List, general protections proceedings will be allocated to a Docket Judge. If a proceeding is referred from the List to mediation with a Registrar of the Court, it will not be allocated a Docket Judge until after the mediation has concluded."

Open justice and the #UPC – An analysis of the Court of Appeal’s decision in relation to access to documents. Our expert, Florence Plisner breaks down the decision in our latest article. Read it here: https://lnkd.in/gdX_xts2

The UK Supreme Court has recently considered the question of whether, and in what circumstances, an ‘uncontroverted’ or uncontested expert report can be rejected by the court. The decision that it should not, save in exceptional cases, is one which is likely to be met with approval by the Irish courts. We examine this decision and its implications which litigants should be aware of in the event that expert evidence is not contested. https://lnkd.in/eFVED3vN #ExpertEvidence #DisputeResolution #Litigation #CommercialDisputes #MHCLaw

CTA UPDATE: A federal court in Alabama ruled that the Corporate Transparency Act is unconstitutional. Find out why and what this could mean for other states in Elina Gilbert’s latest blog post! https://lnkd.in/g-yNRKrb #HOALaw #HOAEducation #HOAManager #AltitudeCommunityLaw #ColoradoHOA #HOALegislation #CTA #FederalCorporateTransparencyAct

Quite a compelling read.

Prepping today for the Court of Appeal hearing in WCB v. D & G scheduled for tomorrow. What role does the court play when a regulator seeks to convert a statutory scheme into a court order so as to access the option to prosecute for contempt? We had the petition dismissed on the basis that courts must closely scrutinize regulators in these situations. We will defend that dismissal tomorrow before a panel presided over by British Columbia’s new Chief Justice. If you want to watch, tune in at 10 am. Link to the broadcast in the comments. #ohs #appeals #regulatorylaw #asbestosabatement #injunctions #administrativelaw

(Site Plan is not a substantive piece of evidence) (Corroborate or Contradict other evidence) This was decided in Karamat Hussain v. the State, 2018 YLR 685 Where the court held:When the direct evidence is available and believed then the other evidence loses its evidentiary value as the same is only corroborative in nature. This Court has already held in a number of cases that the site-plan is not a substantive piece of evidence and in presence of direct evidence the same can be ignored. 2018 YLR 685 #thevalueoflaw

What are malicious falsehood claims ❔ The recent Supreme Court judgment in George v Cannell and another [2024] UKSC 19 clarified some key points regarding damages in malicious falsehood claims and the presumption of financial loss under section 3(1) of the Defamation Act 1952. In our recent Solutions article, Sam Baxter and Jamie McConnell discuss malicious falsehood claims, what the Supreme Court clarified, and what does this decision means in practice. Find out more below ⬇ #SupremeCourt #LegalInsight

Court proceedings are typically public to ensure transparency in justice. However, what happens when this risks exposing valuable and confidential commercial information? Read more here: https://bit.ly/3vKfvoz #LegalUpdate #ConfidentialityProtection #LegalTransparency #NRFSA Andre Vos Felix le Roux

The CFPB 1071 rule was effective in 2023, but section 1071 compliance dates will be extended following a Supreme Court ruling, according to the CFPB. Check out this blog for the latest on the CFPB 1071 rule: https://lnkd.in/gcwWtCGz