Supervision is not optional: a cautionary tale
The meaning of ‘reasonable supervision’ and the limits of delegating responsibility to junior lawyers in practice.
By Glenda Carry - 1 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
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