Our experienced Litigation & Dispute Resolution legal team regularly publishes articles and updates - the full list of publications appears below. If you'd like to be notified when we add new litigation & dispute resolution publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in litigation & dispute resolution.
- 16 December 2011
Focus: Holding buyers to off-the-plan contractsIn brief: Two recent Supreme Court of Queensland decisions are likely to provide a great deal of confidence for property developers and financiers wanting to enforce contracts for off-the-plan residential developments. Partner Tracey Harrip, Senior Associate Belinda Boulton and Law Graduate Christopher Pintegne report on the decisions that should also discourage speculative buyer litigation
- 12 December 2011
Client Update: Bank fees class actionIn the important class action brought against the ANZ Bank on the issue of various fees, the Federal Court has looked at the principles of penalties generally. Partners Diccon Loxton, John Gallimore, Phillip Cornwell and Lawyer Rob Clark look at the decision, where the court found that to be a penalty, a clause must sanction a breach of an obligation under an agreement
- 30 November 2011
Focus: Arbitral award enforced against a company in administrationIn two recent related decisions, the NSW Supreme Court has lifted the statutory moratorium on proceedings against a company in administration and allowed a plaintiff to enforce an arbitral award against the company. Partner Michael Quinlan, Special Counsel Nicola Nygh and Lawyer Jonathan Adamopoulos report
- 16 November 2011
Client Update: Possible changes to Australia's foreign bribery lawsThe Federal Government has announced possible changes to Australia's laws concerning foreign and domestic bribery. The changes, if adopted, will strengthen anti-bribery legislation in Australia and bring it into line with UK anti-bribery legislation. Partner Ross Drinnan, Senior Associate Rachel Nicolson and Lawyer Allen Clayton-Greene report on this development
- 15 November 2011
Audio: Key bribery defence under reviewThe Federal Government has released a discussion paper that raises the possibility of removing the facilitation of payment defence in regards to the law relating to the bribery of a foreign public official. Senior Associate Rachel Nicolson spoke to Boardroom Radio about the current role of the defence and what companies can be doing now in lieu of the proposed change
- 11 November 2011
Audio: Australian Construction Law - the year in review - 07 November 2011
Focus: Sending a strong message on contractual interpretationThree High Court judges have stated, in a special leave decision, that extrinsic evidence of surrounding circumstances cannot be used to interpret a contract where the contract is not ambiguous on its face. Partner Malcolm Stephens and Lawyer Tom Prince discuss an unusual, but very important, High Court decision handed down last week
- 28 October 2011
Focus: Uncertainty about review of adjudicators' decisions clarifiedSignificant uncertainty regarding parties' rights to have an adjudicator's decision reviewed has been resolved, following a recent Western Australia Court of Appeal decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Law Graduate Samantha Lord report
- 26 October 2011
Client Update: Security of payments and litigation privilegeA recent Victorian Supreme Court decision has held that litigation privilege extends to documents prepared in anticipation of adjudication under Victorian security of payments legislation. Partner Nick Rudge and Law Graduate Loren Atkins report
- 26 October 2011
Focus: When the cable snaps - the Vioxx appealA recent decision of the Full Court of the Federal Court of Australia highlights the difficulties in successfully pursuing claims relating to the manufacture and sale of pharmaceuticals as a class action. Partner Peter O'Donahoo, Senior Associate Eleanor Fletcher and Law Graduate Daniel Kinsey report
- 21 October 2011
Focus: US Supreme Court to hear appeal on corporate liability under the Alien Tort Claims ActThe US Supreme Court has announced that it will hear an appeal against last year's decision in Kiobel v Royal Dutch Petroleum that corporations cannot be liable under the Alien Tort Claims Act. Partner Louise Jenkins, Senior Associate Peter Haig and Lawyer Dora Banyasz report
- 13 October 2011
Focus: New rules to streamline arbitration processNew International Chamber of Commerce Rules of Arbitration will streamline the arbitral process and aid its efficiency. The new rules also take into account the increasing complexity of arbitrations by better accommodating multiple parties and contracts. Partner Duncan Travis, Special Counsel Nicola Nygh and Law Graduate Edmund Robinson report
- 11 October 2011
Focus: Comment sought on Autonomous Sanctions Regulations draftIn brief: The exposure draft of the Autonomous Sanctions Regulations, which specifies conduct that will contravene Australia's new autonomous sanctions regime, has been released for public comment. Partner Louise Jenkins, Senior Associate Peter Haig and Lawyer Jess O'Brien report
- 10 October 2011
Focus: High Court untangles the Gordian knotA recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan, Lawyer Mitch Riley and Paralegal Ashleigh Shand explain
- 06 October 2011
Client Update: Arbitration, religion and discriminationCould an arbitration agreement stipulate the religion of an arbitrator without breaching anti-discrimination laws? Partner Stephen McComish, Lawyer Kristian Maley and Law Graduate Samantha Lord report on an important decision of the UK Supreme Court that could have ramifications for businesses within our region
- 30 September 2011
Focus: Limiting the Tax Office's reachA recent Federal Court decision highlights potential limitations on the Commissioner of Taxation's ability to make a determination under Part IVA. Tax Partner Charles Armitage, Litigation Partner Malcolm Stephens and Tax Senior Associate Joanne Langford report
- 29 September 2011
Focus: The Timbercorp class action cut downIn a landmark decision, the Victorian Supreme Court recently dismissed a class action by Timbercorp investors following the collapse of the Timbercorp Group in April 2009. Partner Irene Trethowan and Lawyers Kate Austin and Brenton Pollard look at the decision, which further clarifies the disclosure obligations of companies when issuing product disclosure statements for financial products and is likely to have implications for investors involved in other managed investment scheme class actions
- 22 September 2011
Focus: High Court upholds validity of Victorian human rights legislationThe High Court has upheld the constitutional validity of Victoria's human rights legislation but the six separate judgments provide varied guidance as to how the Victorian legislation should be applied in practice. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Mark Hosking report
- 21 September 2011
Focus: Draft model proportionate liability legislation to reform systemMultiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation
- 15 September 2011
Focus: Whistling up a reward- new US SEC whistleblower rewards rulesThe US Securities and Exchange Commission has introduced rules that reward individual whistleblowerswho provide information that leads to a successful prosecution for breaches of US securities laws including the Foreign Corrupt Practices Act. Partner Matthew Skinner, Senior Associate Tim Robinson and Lawyer Roslyn Stein look at the new rules
- 15 September 2011
Focus: Enforcement of foreign arbitral awards in AustraliaThe Victorian Court of Appeal has clarified a number of important issues regarding the enforcement of foreign arbitral awards in Australia. Partner Peter O'Donahoo, Senior Associate Andrew Barraclough and Lawyer Tim Maxwell report
- 12 September 2011
Focus: Adjourning the enforcement of a foreign arbitral awardA recent Federal Court decision gives insight into the circumstances under which a court may adjourn the enforcement of a foreign arbitral award that is the subject of an appeal in the courts of the seat of the arbitration. Partner Nick Rudge, Special Counsel Nicola Nygh and Lawyer Tom Levi report on a case that deals with the uniformity of recognition and enforcement of foreign arbitral awards
- 08 September 2011
Focus: IFC updates its social and environmental standardsThe World Bank's International Finance Corporation has released its updated social and environmental standards that take effect from the beginning of 2012. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Swee Leng Harris report on the changes
- 02 September 2011
Focus: A 'privileged' life - receivers' legal professional privilege upheld in WAThe Supreme Court of Western Australia has held that a receiver can assert legal professional privilege over solicitors' bills of costs incurred by them through their receivership. Partner Philip Blaxill, Senior Associate Corey Steel and Lawyer Stephen Olynyk look at a case that also indicates this privilege extends to the narrations contained within solicitors' bills of costs and receivers' charging schedules
- 31 August 2011
Focus: Part IVA: the burden of proving a tax benefitA recent Full Federal Court decision makes it much more difficult for the Commissioner of Taxation to apply Part IVA to corporate restructures. Tax Partner Larry Magid, Litigation Partner Malcolm Stephens and Lawyer Tom Prince report on the case which involved a member of the James Hardie group of companies and whether there was a 'tax benefit'
- 01 August 2011
Focus: Corporates can be liable in the US for international law breachesTwo recent decisions by different US Circuit Courts of Appeal have reaffirmed that plaintiffs can bring actions against corporations under the US Alien Tort Claims Act for alleged violations of international law, entrenching the conflict between Circuit Courts on this issue. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Dora Banyasz report
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 21 July 2011
Focus: Moral damages in investor-state arbitrationA recent award provides a useful reminder that moral damages are available to individuals and corporations in extreme cases and a clear summary of the standard that must be met if they are to be justified. Partner Matthew Skinner and Lawyer Tim Maxwell report
- 19 July 2011
Audio: Will class action waivers be enforceable?A recent United States Supreme Court decision found that arbitration clauses with class action waivers can be used in standard form customer contracts. Partner Duncan Travis spoke to Boardroom Radio about the reasoning behind the decision and the possible implications for Australian businesses
- 07 July 2011
Focus: No default option to litigate in dispute resolution clauseA recent New South Wales Court of Appeal decision has continued the trend of interpreting alternative dispute resolution clauses consistently with commercial commonsense. Partner Brian Millar and Senior Associate Matthew Senescall report on the decision, and consider the lessons for parties interpreting existing dispute resolution procedures and negotiating those clauses in future contracts
- 29 June 2011
Focus: UN endorses Guiding Principles for Business and Human RightsThe United Nations Human Rights Council has now endorsed the Guiding Principles for Business and Human Rights, entrenching them as an authoritative standard for the conduct expected of both States and business. Partner Annette Hughes, Senior Associate Peter Haig and Lawyer Jess O'Brien report
- 29 June 2011
Focus: 'Two-strikes' rule part of executive remuneration shake-upNew legislation introducing a 'two-strikes' rule and making substantial changes to procedures associated with executive remuneration, board limits and determination of proxy votes has come into force. Partner Robert Pick, Senior Associate Kate Towey and Lawyer Sean Cole look at the key issues in-house counsel need to be aware of when advising boards and senior management of the changes
- 29 June 2011
Focus: The Centro decision and the approval of financial statementsThis week's Federal Court decision in relation to ASIC's case against Centro's directors demonstrates how demanding a director's duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it. Partners Matthew McLennan, John Morgan and Jeremy Low and Senior Associate Simon Lewis report
- 29 June 2011
Focus: Absolute state immunity prevents enforcement in Hong KongHong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision
- 07 June 2011
Focus: Resurgence of dispute review boardsProponents of some recent landmark Australian infrastructure projects, such as the Gateway Upgrade in Queensland, the Harvey Dam in Western Australia, and the desalination plants in Adelaide and Sydney, have chosen to administer their contracts using dispute review boards, reflecting their success in avoiding disputes, or preventing disputes from escalating while construction works are in progress. Partner Brian Millar, Lawyer Michael Tollman and Law Graduate Tom Tian report on a growing trend
- 07 June 2011
Focus: Managing the risks of Australia's new autonomous sanctions regimeBusinesses with international operations, customers or suppliers should be aware of new legislation that strengthens and expands Australia's autonomous sanctions regime. Partner Annette Hughes, Senior Associate Peter Haig and Lawyer Michael Gomm report on the implications for business
- 07 June 2011
Audio: Super-injunctions undermined by social mediaRecent events in the United Kingdom have seen super-injunctions being undermined by social media. Partner Miriam Stiel speaks to Boardroom Radio about super-injunctions in a social media world and the lessons Australian businesses can learn from the case
- 30 May 2011
Focus: ALRC recommends major changes to discoveryThe Australian Law Reform Commission has released a report containing policy recommendations that, if implemented, could have a major impact on discovery in federal courts and, in particular, the Federal Court of Australia. Partner Ross Drinnan and Senior Associate Georgia Steele report
- 26 May 2011
Focus: Updated OECD Guidelines focus on human rightsThe OECD Guidelines for Multinational Enterprises have been updated for the first time in a decade and introduce a distinct human rights focus. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Georgina Dimopoulos report on the changes and their implications for business
- 18 May 2011
Focus: One Tel - the danger of 'hastening slowly'The NSW Supreme Court has handed down a decision setting aside service of the statement of claim brought by the special purpose liquidator of One.Tel Limited (in liq) and dismissing the proceedings in their entirety. Partner Malcolm Stephens and Senior Associate Chris Prestwich report
- 18 May 2011
Paper: Securities class actions in AustraliaSecurities class actions are now an established part of the Australian legal landscape. It is said that Australia is now the most likely jurisdiction outside of the United States in which a corporation will face class action litigation. Further, the Australian class action regime has been described as having 'one of the most liberal class action rules in the entire world'
- 20 April 2011
Focus: Litigation funding hits another speed humpThe New South Wales Court of Appeal recently held that a litigation funding agreement constituted a 'financial product' and could be rescinded because the funder was not licensed to deal in 'financial products'. This follows the Full Federal Court's decision in 2009 that litigation funding arrangements for class actions constitute 'managed investment schemes' (a particular type of 'financial product'). Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Elnaz Nikibin report on the Court of Appeal's decision in International Litigation Partners Pte Ltd v Chameleon Mining NL 2011 NSWCA 50.
- 06 April 2011
Focus: UN Guiding Principles for Business and Human RightsRecently, the United Nations Special Representative for business and human rights released the final text of the Guiding Principles for Business and Human Rights. Senior Associate Rachel Nicolson and Lawyer Jess O'Brien look at the Principles and their implications for business
- 05 April 2011
Focus: UK Supreme Court abolishes expert immunityA landmark decision recently handed down by the UK Supreme Court has found that there was no justification to continue to give expert witnesses immunity from being sued for negligence in relation to the evidence they give in court or the views that they express in anticipation of court proceedings. The court did not accept that potential liability would result in reluctance on the part of experts to accept instructions, nor would it prevent them from exercising their overriding duty to the court and acting with diligence and integrity. Partner Michael Quinlan Senior Associate Joanne Howie report
- 31 March 2011
Focus: New legislation to target e-wasteThe Federal Government has introduced into Parliament legislation to establish a national framework for managing the environmental, health and safety impacts of electronic products such as computers and televisions. Partner Miriam Stiel and Lawyer Georgina Dimopoulos report
- 30 March 2011
Client Update: Mandatory pre-litigation dispute resolution procedures in Federal and Victorian courtsThe Commonwealth and Victorian parliaments have recently enacted legislation concerning mandatory pre-litigation dispute resolution procedures. While the Commonwealth Parliament has mandated 'genuine steps' to resolve disputes, the Victorian Parliament has repealed the mandatory pre-litigation requirements prescribed by previous legislation (but it has given the courts the power to determine what pre-litigation requirements should be followed). Partner Andrew Maher and Senior Associate Eleanor Fletcher look at the differing approaches
- 07 March 2011
Focus: Corporate liability still uncertain under the US Alien Tort Claims ActThe US Court of Appeals for the Second Circuit has refused to rehear the Kiobel v Royal Dutch Petroleum case, letting the September 2010 decision of a three judge panel of that court barring corporate liability under the Alien Tort Claims Act stand. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Dora Banyasz report.
- 25 February 2011
Focus: Fortescue appeal decision confirms high continuous disclosure standardsThe Full Federal Court recently handed down its appeal decision overturning the trial judge, and finding that Fortescue Metals Group misled the market and failed to comply with its continuous disclosure obligations in connection with announcements to the ASX and the media in 2004. Partner Richard Harris, Senior Associate Andrew Byrne and Lawyer Rima Hor comment on the implications for listed companies and their directors and officers
- 15 February 2011
Client Update: Pre-litigation requirements in Victoria's new Civil Procedure Act to be repealedPotential litigants in Victoria should be aware that the Victorian Government is taking steps to repeal the 'pre-litigation requirements' of the State's new Civil Procedure Act. Partner Andrew Maher and Senior Associate Matthew McCarthy report
