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…
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A 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…
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Jackson 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…
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Court 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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Security for Costs [Toolkit]
Litigation is expensive and time consuming, and is sometimes pursued by parties who lack the resources or inclination to pay the other side’s costs if they lose. A respondent will commonly make an application for security…
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2017 ACCC Enforcement Priorities: Onwards and Upwards with Penalties
On 24 February the Chairman of the ACCC launched its 2017 Compliance and Enforcement Policy which identifies the industries and issues it will focus on in the year ahead. Enforcement…
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Electronic Discovery in Court Proceedings: Friend or Foe?
The disclosure of all relevant documents has traditionally been treated as a right of the parties to the litigation, but Australian courts have increasingly placed limits on that right. The…
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Is the Future of Courts Online?
As debate heats up in the UK over a proposed online dispute resolution (ODR) system for low-quantum claims, many are considering the merits of such a model in Australia. What…
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