The limits of the privilege against self-incrimination

What information-gathering powers do regulators like the ATO possess? What rights do clients have when questioned by regulators? JOHN FLEMING discusses the limits of the…

By - 6 min read

Paradise Lost: Glencore loses High Court bid to extend legal professional privilege

Massive data breach leads the High Court to consider novel arguments on legal professional privilege in Glencore decision. By TALITHA FISHBURN.

By - 6 min read

Going digital: bridging the gap between e-filing, e-discovery and e-trials

Never mind the hype about AI, litigation practice still stands to benefit greatly from the adoption of some more ‘basic’ technology, argues JONATHAN PRIDEAUX.  

By - 6 min read

Privilege pitfalls: implied waiver in email chains

Beware of implied waiver of legal professional privilege when corresponding with clients in email chains..By CYNTHIA COCHRANE and CATHERINE BEMBRICK

By and - 6 min read

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…

By and - 10 min read

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.

By - 6 min read

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…

By and - 5 min read

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.

By - 6 min read

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…

By and - 9 min read

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…

By and - 5 min read