Recent cases and reform on the use of defamation to silence victims
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
The courts and the pandemic: the role and limits of technology
NSW courts have readily embraced technology to continue to deliver justice. However, even in a pandemic, there will be limits to the use of technology.
By Michael Legg and Anthony Song - 3 min read
High Court rules on admissibility of evidence in animal cruelty case
The High Court has ruled that some (but not all) evidence obtained at a greyhound training facility is admissible despite being obtained improperly.
By Talitha Fishburn - 2 min read
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 Michael Legg - 1 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 John Fleming - 2 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 Talitha Fishburn - 7 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 Jonathan Prideaux - 2 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