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Member Articles


Restrictions on enforcing an Arbitration Agreement in Queensland - Recent decisions

By: Luke Preston, Partner and Kyle Trattler, Senior Associate Two recent decisions have clarified the circumstances in which a court will be bound to refer to arbitration a dispute pending before it, pursuant to s ...

One of the worst things that can be said of a person

By: Andrew Shute, Partner and Jason Savage, Senior Associate  Grattan v Porter [2016] QDC 202 The plaintiff (Mr Grattan) and his wife were historically close friends with the defendant (Ms Porter) and her hus ...

Queensland's MERCPA is now in full force – what do you need to know?

By: James Plumb, Partner and Kelly Pain, Senior Associate  As we reported in our October 2014 newsletter titled ‘Common Provisions Act – implications for land access and compensation’, the Mineral and En ...

Make Your Hanjin Bankruptcy Claims Now!

There is a lot of press coverage about the Hanjin bankruptcy, but very little of it provides tangible facts for traders to rely on. One thing we know for sure is Hanjin filed a Chapter 15 bankruptcy in the U.S. What that ...

Waiver of subrogation – Where to now?

The two authorities of National Oil Well (UK) Ltd v Davy Offshore Ltd and Woodside Petroleum Development Pty Ltd v H & RE & W Pty Ltd are conflicting in relation to the effect of a ‘waiver of subrogation’ clause in a ...

Queensland Court rejects security for costs application against impecunious appellant

Parties who successfully defend claims by impecunious plaintiffs are often placed in the unfortunate position of being unable to recovery the amount of any cost awards made in their favour. The Uniform Civil Procedure R ...

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