Victoria set to allow lawyers to take percentage of class action damages

The Victorian Bill poised to change class actions practice and, arguably, Australian litigation culture.

By - 6 min read

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

Lawcover tips for managing some key risks in litigation practice

Professional negligence claims can often arise from complex litigation. JANICE PURVIS and CANDICE PERRIMAN outline some ways to recognise and manage the risks.

By and - 3 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

Dealing with unrepresented litigants

A legal practitioner’s positive duty to assist the Court includes assisting the Court to understand an unrepresented litigant’s claims. By LUCY WILLIAMS and ROSEMARY WORKMAN.

By and - 3 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