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.
Sydney Office - Clayton Utz
WEBLevel 15 1 Bligh Street Sydney New South Wales View on Google Maps Tel: +61 2 9353 4000 Fax: +61 2 8220 6700. Download contact card . Clayton Utz, GPO Box 9806, Sydney, New South Wales, 2001, Australia, DX 370 Sydney
Litigation 101: The differences between deeds and agreements
WEBAug 18, 2022 · A deed must be executed in writing. In contrast, agreements can be oral or in writing, unless specified by statute. A deed provides a longer limitation period. The limitation period for bringing an action under a deed is much longer than the limitation period for agreements and varies for each Australian jurisdiction.
Workplace Investigations Refresher Part 11: weighing evidence
WEB23 Dec 2021. The more serious the allegation, the more probative the evidence should be to satisfy a conclusion on the balance of probabilities. In the final article in our series on workplace investigations, we take a look at a critical part of the investigation process: weighing the evidence and making findings of fact in your investigation.
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 …
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 ...
Understanding the process and obligations - Clayton Utz
WEBJun 9, 2022 · Discovery is an important interlocutory procedure and arguably, one of the most important stages of litigation. It is the process that ensures that all relevant documents are available to the parties, and to the Court, so that no one is taken by surprise at trial. In this article, we explain the basics of discovery and provide some key ...
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.
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