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
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 Matthew White SC - 2 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 Anthony Lo Surdo SC and Lucy Robb Vujcic - 2 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 Nigel Cotman SC and Wilson Chan - 1 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 Michael Legg and Claire Goulding - 1 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 Anthony Lo Surdo SC - 2 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 Laura Joseph - 2 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 Sarah Hawksworth - 3 min read
Identifying concurrent wrongdoers: the proportionate liability regime in practice
Given the reach of the proportionate liability regime, it is imperative that practitioners are able to identify when the regime applies, and to whom. By…
By Amy Munro - 2 min read
Class actions: justice, funding and the next game changer
The desire to provide access to justice has resulted in what many have described as a “plaintiff-friendly” Federal Court class action regime in Australia. By…
By Ross McInness and Alexandra Kennedy-Breit - 3 min read
Commenced: Trans-Tasman Proceedings Act 2010
The difficulties in conducting litigation across the Tasman Sea have been significantly diminished by the introduction of new federal legislation. On 11 October 2013, the Trans-Tasman…
By Jon Prowse - 1 min read