Controversial legal cases in Australia against whistleblowers and the associated raids on media outlets have had a detrimental effect on the country’s whistleblowing regime, according to two-thirds of participants in…
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Dispute Resolution Posts
Webinar: The Future of Legal Professional Privilege
The recent High Court case, Glencore v The Commissioner of Taxation, has attracted attention from the entire legal profession, both the law firm and corporate counsel side. In The Future…
Read more5 Cases We’re Talking About Halfway Through 2019
Our courts have dropped multiple high-profile decisions this year. So hold on to your practising certificates (if you’ve still got them); these are the most talked about cases in the first half of 2019!
Read moreIpso Facto Provisions Commenced on 1 July 2018: Are You Ready to Advise Affected Clients? [Legal Update]
From 1 July 2018, new provisions introduced into the Corporations Act 2001 (Cth) (CA 2001) by the Treasury Laws Amendment (2017 Enterprise Incentives No 2) Act 2017 (Cth), impose a…
Read moreRush for Vindication: Nationwide News Pty Limited v Rush [2018] FCAFC 70
Geoffrey Rush has thwarted Nationwide News and Moran’s defences to his defamation action a third and final time, with the Full Court rejecting Nationwide News and Moran’s application for leave…
Read moreSearching for Search Engine Liability: High Court Grants Special Leave in Trkulja v Google Inc [2017] HCATrans 129
The liability in defamation of search engines for search engine results or autocomplete predictions has been re-enlivened, with the High Court agreeing on 16 June 2017 to grant the plaintiff…
Read moreFederal Government Introduces Key Insolvency Law Reforms
The Federal Government has released draft legislation for the long-anticipated reform of Australia’s insolvency laws with the proposed introduction of: a safe harbour for directors from personal liability for insolvent…
Read moreA Weaker Immune System: Advocate’s Immunity from Suit does not Protect Negligent Advice on Settlement
On 29 March 2017, the High Court in Kendirjian v Lepore [2017] HCA 13 upheld a narrower scope of the common law doctrine of an advocate’s immunity from suit, holding…
Read moreJackson LJ Gives Speech on Hot-Tubbing: A Practitioner’s Perspective From Down Under
Jackson LJ advocates increased usage of concurrent expert evidence or “hot tubbing” in England and Wales, primarily based on anecdotal experiences of trial time, costs savings and the facilitation of…
Read moreCourt Intervention in Funding Arrangements: An Australian Template
On 26 October 2016, the Full Court of the Federal Court in Australia delivered its judgment in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited. For the first…
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