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
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
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