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16 Jun 2013, 7:42 am by Mark Summerfield
On 13 June 2013, the US Supreme Court issued its much-anticipated ruling in Association for Molecular Pathology v Myriad Genetics, Inc. [read post]
2 Dec 2020, 5:00 pm by Michael Douglas
’[20] Finally, Davis J observed that ‘there is little, if any, evidence at all as to the impact of the pandemic upon any litigation in Macau’.[21] Yet, ‘if the pandemic developed so as to effectively prevent, or unduly frustrate’ litigation in Macau, this discretionary consideration would be taken into account together with ‘any other relevant considerations’ in a subsequent application.[22] [1] [2020] QSC 318. [2] Ibid, [56]. [3] Davis J observes that… [read post]
26 Jul 2021, 4:12 am by Michael Douglas
’[8] As Justice Allsop observed in Incitec v Alkimos Shipping Corp, ‘the question is one of the exercise of a discretion in all the circumstances, but recognising that the starting point is the fact that the parties have agreed to litigate elsewhere, and should, absent some strong countervailing circumstances, be held to their bargain. [read post]
6 Dec 2023, 12:55 am by Michael Douglas
The Full Court was comprised of judges who are, with respect, well known for their private international law and maritime law expertise: Allsop CJ, Rares J and Derrington J. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Full Court The majority (Derrington J, Allsop CJ agreeing) allowed Carnival’s appeal, staying the US subgroup’s proceedings. [read post]