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…
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….
Informal communications with judges’ chambers: a professional and risk management issue
There are well established and clear protocols for communications with judges and judges’ chambers. However, breaches of protocols are not uncommon. By GREG COUSTON and…
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…
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…
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…
Adequacy of judicial reasons: back to law school
Local Court decisions are appealable to the Supreme Court on the basis of failure to provide adequate reasons. For reasons to be adequate they must…