The distinction between joint, several, joint and several liability and ...
WEBApr 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 ...
Public Law Essentials 02: Delegations and authorisations
WEBJun 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.
Public Law Essentials 05: Procedural fairness | Clayton Utz
WEBAug 4, 2022 · Procedural fairness in administrative decision-making relates to the fairness of the procedure by which a decision is made. A decision will be regarded as fair where it is made in accordance with statute and the requirements of natural justice. The two primary rules of natural justice are the ‘hearing rule’ and the ‘bias rule’.
Understanding the process and obligations - Clayton Utz
WEBJun 9, 2022 · Discovery (referred to as disclosure in certain jurisdictions, including Queensland) is an interlocutory procedure whereby a party obtains from their opponent the discovery and subsequent production of documents which are relevant to issues in the proceeding. Discovery can also be ordered: from a non-party (non-party disclosure).
Litigation 101: interlocutory injunctions - Clayton Utz
WEBSep 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 ...
Public Law Essentials 03: Legislation and the legislative process
WEBJul 7, 2022 · What is legislation? The law that governs Australia is made up of legislation and common law. There are three major sources of legislation: An Act of Parliament is the pinnacle of the legislation hierarchy. The Australian Parliament has the power under section 51 of the Constitution to make laws with respect to a number of subject areas.
Litigation 101: The implied undertaking and how to manage your ...
WEBJul 7, 2022 · The implied undertaking, also known as the Harman undertaking, precludes litigants from using documents produced under compulsion of a Court rule or a Court order. Without the leave of the Court, the party receiving the documents cannot use or disclose the documents (or information within those documents) for a collateral or ulterior purpose.
Insurance clauses in contracts - keeping the focus - Clayton Utz
WEBFeb 4, 2016 · Insurance clauses should be drafted clearly and precisely, be contract-specific and tailored specifically to the intention of the parties. Consequences of failing to obtain adequate insurance prescribed in a contract. If insurance provisions in contracts are not clearly drafted the parties are at a high risk of failing to obtain adequate insurance.
Restraints of trade in the employment context 01: What do I need …
WEBMar 31, 2022 · Post-employment restraint of trade clauses are often found in business sales and employment agreements. Their core function is to seek to restrain a party from doing something. In the employment context, there are typically two main types of restraint clauses, being: Non-competition clauses, which seek …
Performance guarantees - traps and pitfalls | Clayton Utz
WEBFeb 6, 2004 · Performance bonds. "Performance bond" is a generic term that has a range of possible meanings. It is generally accepted that a performance bond is an undertaking, under seal, from an entity guaranteeing the performance of a third party's obligations. However, such bonds may be conditional or unconditional. …