Why not litigate? ASIC enforcement after the Banking Royal Commission

The Royal Commission recommended whenever ASIC is considering a contravention it must start with the question ‘Why not litigate?’ MICHAEL LEGG and STEPHEN SPEIRS explore…

Haynesplaining: lessons for litigators from the Banking Royal Commission

In the Banking Royal Commission report, Commissioner Hayne discusses ASIC’s role and how litigation is to be used in relation to enforcement. By MICHAEL LEGG.

Regulators’ investigatory powers and the Harman obligation not to disclose

A recent High Court decision clarifies the Commissioner of Taxation’s power to require the production of documents, and the later use of those items. By…

Concurrent evidence conclaves: getting the most out of your hot tub

The giving of concurrent evidence needs to be carefully planned and structured. There are numerous procedures and rules to be followed. By CAMPBELL BRIDGE SC.

Litigation funding in Australia: a year of review and change?

2018 may be a watershed year for litigation funding, which is under review by Victorian and Commonwealth law reform commissions. By JASON GEISKER and JENNY…

Federal Court approves discovery from the US for Australian proceedings

If the party seeking to utilise 28 USC § 1782 in Australian proceedings first seeks the Australian court’s approval, and the proposed application is limited…

Preliminary discovery and employment litigation

A prospective applicant may apply to the Federal Court under rule 7.23 of the Federal Court Rules for preliminary discovery from a prospective respondent. By…

Civil penalties no deterrence in industrial litigation

Some unions have the financial capacity to use their funds to pay civil penalties levied by the courts on individual union officials for contravention of…

The scope of advocates’ immunity affirmed

The High Court has considered advocates’ immunity in the context of settlement advice once again. By ANTHONY LO SURDO SC and LUCY ROBB VUJCIC.

Taming the dragon: Enforcing contracts in China

A bilateral agreement can provide Australian parties with a ‘bridge’ into the mainland China court system and its enforcement processes. By NIGEL COTMAN SC and…