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

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…

By and - 5 min read

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…

By - 8 min read

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.

By and - 6 min read

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…

By and - 7 min read

How the Internet of Things will affect the future of litigation

The Internet of Things (IoT) is the latest phase in the evolution of the internet, bringing with it unprecedented access and insights into people’s lives….

By and - 7 min read

Litigation funding revisited: all for one, one for all?

In Blairgowrie Trading Ltd v Allco Finance Group Ltd, the Federal Court rejected a ‘common fund’ application brought shortly after the commencement of proceedings that sought…

By - 6 min read

Legal capacity and litigation guardians in NSW

This paper provides an overview of progressive models which protect and promote the interests of persons under a legal incapacity in Victoria, Australia; British Columbia,…

By - 8 min read

Assisting the ‘missing middle’: funding the costs of litigation

As reflected in the Government’s recent Productivity Commission Inquiry Report, ‘access to justice’ in civil litigation, is frequently limited to ‘big business’, high net worth…

By - 5 min read