DNS: April 4 meeting (and costs)

DNS: April 4 meeting (and costs)

From: Fair Patrick <pvf§sydney.phillipsfox.com.au>
Date: 29 Mar 1997 22:06:53 +1100
2. legal fund. I propose that you bar the DA's from suing the ADNA as
> part of there contract, and require all dispute resolution to
> procedure by arbitration. 

> Then prohibit the ADNA for interacting with anyone but the DA's.
> Then require that if the ADNA is joined as a co-defendant when someone
> else sues a DA, that DA bear the costs.
> Hopefully, the upshot of all this is that the ADNA should never end up
> bearing any legal costs.

>>Might a lawyer (Patrick?) proffer an opinion here?

I think there will be legal costs of the order suggested just trying to set
things up so that there are no/few serious legal liabilities: so arbitration
rules work and are binding, so the procedures demonstrate natural justice and
likely risks are avoided etc. Even with a proper set up there will be costs
adjusting and negotiationg rules and indemnities. Unfortunately you can't stop
people from commencing proceedings even if they are going to lose  and it is
not all ways possible to make them pay for the costs they cause.There will be
cost of recovering costs and there will be costs that can't be recovered
because the party who is liable is broke or out of business. 

Patrick Fair
Partner, Phillips Fox Lawyers
Sydney, Australia
Received on Tue Apr 01 1997 - 14:18:31 UTC

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