Lee J judgment takes aim at practice for suppression order overuse
There’s much ado about suppression orders at the moment. Lee J reminds practice on the inherent publicity risks in litigation.
By Jason Polese - 1 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 Candice Perriman and Janice Purvis - 2 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 Cynthia Cochrane SC and Catherine Bembrick - 2 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 Michael Legg and Stephen Speirs - 2 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 Michael Legg - 2 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 Lucy Williams and Rosemary Workman - 2 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 Michael Legg and Stephen Speirs - 2 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 Campbell Bridge SC - 1 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 Jason Geisker and Jenny Tallis - 1 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 Michael Legg and Joshua Kang - 3 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 Abraham Ash and Jess McMahon - 2 min read