The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
By Daniela Faggionato and Alev Byrne - 2 min read
Courts increasingly expect focused, proportionate litigation, making restraint and credibility essential elements of effective modern advocacy.
By Elle Belekas - 2 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
The Legal Profession Uniform Law introduced the concept of a ‘commercial or government client’ and time limits for applying for costs assessment. By MICHELLE CASTLE,…
By Michelle Castle, Andrew Bailey and Kerrie Rosati - 2 min read
In professional negligence litigation, client privilege will be waived if the cause of action calls into question the solicitor’s advice or conduct. By ROSEMARY WORKMAN.
By Rosemary Workman - 2 min read
In order to know whether your court interpreter is doing a good job it is necessary to understand the four modes of court interpreting currently…
By Giao Quynh Tran - 2 min read
Does ‘without prejudice’ privilege prevent disclosure to third parties? By GRAEME TURNER.
By Graeme Turner - 2 min read
Dabbling in unfamiliar practice areas can be unfair to the client and increase risk for the practitioner. By KERRIE LALICH.
By Kerrie Lalich - 2 min read
A lack of file notes is a significant handicap in presenting a successful defence on behalf of an insured. By JANICE PURVIS.
By Janice Purvis - 2 min read
Australian courts have taken differing approaches about whether lawyers’ notes of interviews of witnesses are protected by privilege, depending on the particular circumstances involved. By…
By Jonathon Ellis and Rani John - 2 min read
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
On 30 January 2017, Susan Kiefel was sworn in as the first female Chief Justice of the High Court of Australia. By DR HEATHER ROBERTS.
By Dr Heather Roberts - 4 min read
The Federal Court of Australia has revised and reissued practice notes for nine key areas, as part of the National Court Framework. By MICHAEL LEGG.
By Michael Legg - 2 min read