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 ...
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.
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: 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 ...
People - Clayton Utz
People | Clayton Utz. Your partners in success, blending deep legal knowledge with a genuine understanding of your needs. Whatever your business needs, we've got the expertise to help you succeed. Explore all expertise. Access insights that resonate with you – where current knowledge meets your ever-evolving legal and business requirements.
Public Law Essentials 02: Delegations and authorisations - Clayton …
Jun 24, 2022 — Paragraph 34AB (1) (d) recognises that a delegation under an express power of delegation, while enabling a delegate to exercise powers in their own right, does not result in the power being removed from the delegating authority. The delegating authority can still exercise the powers as necessary. Forms of delegations.
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.
Workplace investigations refresher part 7: Procedu... | Clayton Utz
Aug 5, 2021 — Workplace investigations refresher part 7: Procedural fairness: putting allegations to a person for response. 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 ...
Administrative law mythbuster no 01: Wednesbury | Clayton Utz
Sep 19, 2019 — In Wednesbury, English cinemas could legally open on Sundays, subject to conditions, some of which were at the discretion of the local authority. The local authority in Wednesbury barred children under 15 years of age from attending any entertainment on Sundays. The cinema argued this was unreasonable; only children unaccompanied by an adult ...
Legal Services | Australia | Clayton Utz | Clayton Utz
Clayton Utz is one of Australia's leading law firms, providing innovative and incisive legal advice with offices in six cities.