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.
- 02 September 2010
Focus: Extrinsic evidence and interpreting 'gap' insurance policiesA recent NSW Court of Appeal decision helps clarify the circumstances when extrinsic facts may be taken into accountin interpreting written contracts and is a reminder of the precision required when drafting insurance coverage clauses. Partner Dean Carrigan and Lawyer Rhiannon Eagles look at the decision
- 30 August 2010
Client Update: Ideas sought for effective use of social media in civil litigationA consultation paper seeking suggestions about how social media can be used effectively in civil litigation has been released by the Supreme Court of Singapore. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 26 August 2010
Focus: Standards, bans and noticesThe product safety provisions of the new Australian Consumer Law create a national regulatory framework to be administered jointly by the Australian Competition & Consumer Commission and by state and territory regulators. Partner Annette Hughes, Senior Associate Ric Morgan and Lawyer Stuti Sethi outline the new regime for safety standards and permanent bans, which involves a transfer of power to the Commonwealth and allows safety standards, bans and warning notices to be imposed on product-related services, as well as consumer goods
- 11 August 2010
Focus: The UNCITRAL Arbitration Rules 2010The United Nations Commission on International Trade Law has pre-released the updated UNCITRAL Arbitration Rules 2010. The new UNCITRAL Rules are an attempt to provide a more effective dispute resolution process in light of some pervasive issues that did not exist when the original rules were created in 1976. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the changes
- 10 August 2010
Client Update: New class action regime for NSWThe NSW Attorney General has announced a proposal to introduce a new class action regime for NSW. Partner Ross Drinnan and Senior Associate Jenny Campbell report on the proposal, which is likely to increase the number of class actions commenced in the Supreme Court of NSW
- 06 August 2010
Focus: UN Corporate Law Project summary releasedThe United Nations Special Representative on Business and Human Rights recently released a summary of the results of the Corporate Law Project, which identified the extent to which corporate and securities law in 40 jurisdictions currently requires or encourages companies to respect human rights. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin report
- 05 August 2010
Focus: US courts' extraterritorial reach in securities fraud cases reinstatedThe recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act extends the extraterritorial jurisdiction of the US federal courts for claims brought by the US Securities and Exchange Commission and the Department of Justice to enforce federal securities laws in relation to overseas conduct and partially overturns the recent decision of the US Supreme Court in Morrison v NAB. Partner Annette Hughes and Lawyer Dora Banyasz report
- 03 August 2010
Focus: Arbitrability of insolvency related claimsIn a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 03 August 2010
Focus: Product safety and recall regime and the liability for defective productsA new national scheme for consumer product safety and recall under the Australian Consumer Law will involve broader triggers for the recall of consumer goods, increased regulatory enforcement and greater public exposure of defective products. Partner Annette Hughes, Senior Associate Ric Morgan and Law Graduate Georgina Dimopoulos outline the regime for compulsory and voluntary product recalls and the liability of manufacturers for consumer goods with safety defects
- 26 July 2010
Client Update: New US disclosure law for resources companiesThe Dodd-Frank Wall Street Reform and Consumer Protection Act, which makes many changes to US corporations law, was signed into law by US President Barack Obama on 21 July 2010. Partner Annette Hughes and Lawyer Swee Leng Harris look at the operation and effect of section 1504 of the Act and what the new disclosure requirements imposed by that section mean for resources companies
- 15 July 2010
Focus: Product safety and recall reforms in the Australian Consumer LawWhen the far-reaching Australian Consumer Law comes into effect, it will have a significant impact on the current product safety and recall regime. Partner Annette Hughes, Special Counsel Nicola Nygh and Senior Associate Ric Morgan outline the main aspects of the new regime, which will see a significant transfer of power to the Commonwealth
- 13 July 2010
Focus: Forum shopping not a numbers gameThe Singapore Court of Appeal has decided that on the question of whether a particular jurisdiction's court is the appropriate forum to hear a dispute, the answer should be based on the weight given to each connecting factor pointing to or away from it, rather than on the number of each. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 09 July 2010
Focus: Changing the culture of civil litigation in VictoriaThe way civil litigation is conducted in Victoria could be altered significantly by a raft of recently proposed civil procedure reforms aimed at making the system more accessible, affordable, proportional and timely. Partner Andrew Maher and Senior Associate Matthew McCarthy report
- 06 July 2010
Client Update: New Federal Court procedure for class actionsThe Federal Court has issued a Practice Note relating to the conduct of representative proceedings brought under Part IVA of the Federal Court of Australia Act 1976 (Cth). Partner Ross Drinnan, Senior Associate Jenny Campbell and Lawyer Hayden Smith report on key features of the Practice Note, which is designed to deal with some of the practical aspects of conducting representative proceedings
- 05 July 2010
Focus: Historic decision creates upheaval for US securities class actionsThe United States Supreme Court has overturned more than 40 years of jurisprudence of US federal courts by ruling that plaintiffs may only pursue claims alleging securities fraud under the US Securities Exchange Act of 1934 in relation to the sale or purchase of shares in the US or of securities listed on an American domestic stock exchange. As Partner Belinda Thompson and Lawyer Emily Austin explain, the historic decision limits the types of securities class actions that may be brought against foreign companies that are not listed on an American stock exchange
- 01 July 2010
Focus: International arbitration laws overhauledThe International Arbitration Amendment Act 2009 (Cth) has been passed by Federal Parliament, placing Australia at the forefront of international arbitration lawmaking. Special Counsel Nicola Nygh, Lawyer Dr Sam Luttrell and Law Graduate Alison Matthews report
- 22 June 2010
Audio: New international arbitration lawsFederal Parliament has passed amendments to the International Arbitration Act 1974 as part of a revamp of arbitration in Australia. Special Counsel Nicola Nygh speaks to Boardroom Radio about the changes introduced by these amendments and how the federal arbitration law will work with proposed amendments made at state level
- 17 June 2010
Focus: Human rights scrutiny for all federal lawsScrutiny of laws for consistency with human rights will be enhanced under new legislation recently introduced into Parliament by Federal Attorney-General Robert McClelland. Partner Alex Cuthbertson, Senior Associate Rachel Nicolson and Lawyer Dora Banyasz report
- 07 June 2010
Client Update: Legislating 'genuine' attempts to resolve disputes before litigationRecently, the Federal Attorney-General announced that new legislation will be introduced into Parliament that will require disputing parties to take 'genuine steps' to attempt to resolve their differences before commencing litigation in federal courts and tribunals. Partner Andrew Maher and Law Graduate Cara Stevens report.
- 07 June 2010
Focus: ACCC reviews product safety recall systemThe Australian Competition and Consumer Commission has released its review of the product safety recalls system. The review makes a number of findings about the effectiveness of the system, and recommends some practical changes to the way companies implement product recalls. Partner Annette Hughes, Special Counsel Nicola Nygh and Lawyer Alexandra Mason report
- 31 May 2010
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'
- 13 May 2010
Focus: New uniform state arbitration laws to be adoptedThe Standing Committee of Attorneys-General has agreed to adopt a new model commercial arbitration Bill based on the Model Law on International Commercial Arbitration. This will fundamentally change the way arbitrations are conducted by parties and supervised by state courts. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report
- 05 May 2010
Focus: The obligation of an arbitrator to give reasonshe Supreme Courts of Victoria and Queensland have handed down decisions that seek to provide clarification on the extent of reasons required in an award issued under the State Commercial Arbitration Acts. Partner Nick Rudge and Lawyer Cameron Miles analyse these decisions
- 05 May 2010
Focus: Clarification of class action fundingIn response to a recent Federal Court decision that funded class actions were managed investment schemes as defined in the Corporations Act 2001, the Minister for Corporate Law, Chris Bowen MP, announced yesterday that the Federal Government is drafting regulations to clarify that funded class actions and similar arrangements are not managed investment schemes.Partner Alex Cuthbertson and Senior Associate Kylie Virtue report
- 05 May 2010
Audio: Funded class actions excluded from MIS government announcesPartner Alex Cuthbertson speaks to Boardroom Radio about the Federal Government's move to clarify the funding of class actions
- 04 May 2010
Focus: Latest UN report provides guidance on human rights for businessIn April 2010, the United Nations Special Representative on Business and Human Rights, Professor John Ruggie, released a report providing concrete guidance and recommendations on the UN's framework on business and human rights. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin report
- 03 May 2010
Focus: Renewed human rights emphasis in Australian law and policyIn response to the report on the Federal Government's National Consultation on Human Rights, the Government has released its proposed agenda on the issue, Australia's Human Rights Framework. Partner Alex Cuthbertson, Senior Associate Rachel Nicolson and Lawyer Swee Leng Harris summarise the framework's key initiatives, and their likely impact on federal legislation, policies and programs.
- 22 April 2010
Focus: Extractives - further international reporting demandsThe United States Congress is currently considering legislation that will require extractives companies to report on the payments they make to foreign governments in the countries in which they operate. This development comes in the context of increasing international pressures for greater transparency and accountability in revenue flows to government received from the extractive industries. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Dora Banyasz report
- 15 April 2010
Focus: Takeovers Panel affirms right of client legal privilegeThe Takeovers Panel has issued its new Procedural Rules (effective 1 June 2010), which confirm that the Panel will consider claims of client legal privilege over communications requested by the Panel and without the suggestion that the Panel may decline to allow a valid claim of privilege. Partner Richard Harris and Senior Associate Emin Altiparmak explain the background to, and significance of, this development
- 15 April 2010
Audio: Govt contracts require arbitration of industrial disputesUnder the Fair Work Principles, companies vying for Federal Government contracts will be required to have compulsory arbitration clauses in their enterprise agreements or otherwise risk being passed over for consideration. Partner Adam Lunn speaks to Boardroom Radio about potential impact of the Principles on companies tendering for Federal Government work
- 12 April 2010
Focus: UK Bribery Act passed - corporate liability for failing to prevent briberyPartner Matthew Skinner and Senior Associate Tim Robinson summarise the recently passed UK Bribery Act, which will affect Australian companies with operations in the UK
- 29 March 2010
Focus: 'Urgent relief' from the court under an arbitration agreementA Victorian Court of Appeal decision, which granted a stay of court proceedings so that a dispute could be referred to arbitration, has provided further support for the view that Australia is an 'arbitration friendly' jurisdiction. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyers Sam Luttrell and Mark Hare report.
- 17 March 2010
Client Update: Victorian Charter of Human Rights - first 'declaration of inconsistent interpretation'The Victorian Court of Appeal today announced its intention to make the first declaration of inconsistent interpretation under section 36 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). In R v Momcilivic, the court also accepted a new approach to interpreting legislation according to the human rights framework contained in the Charter. Partners Belinda Thompson and Alex Cuthbertson and Lawyer Katherine Cooke report
- 17 March 2010
Focus: Deterring bribery here and abroadPartner Matthew Skinner and Senior Associate Tim Robinson look at the recent significant increases in penalties for individuals or companies convicted of bribing foreign or Commonwealth public officials
- 02 March 2010
Focus: ICSID arbitrator disqualified for comments in mediaThe Permanent Court of Arbitration at The Hague recently upheld a challenge that a state-respondent had brought against a leading arbitrator, holding that comments the arbitrator had made to the media gave rise to doubts regarding his impartiality or independence. Partner Matt Skinner, Research Assistant James Pearse and Lawyer Dr Sam Luttrell report
- 14 January 2010
Focus: UK report on business and human rightsA major United Kingdom Parliamentary Committee report on business and human rights in the UK recommends that the UK Government develop a clear set of standards that UK businesses would be expected to meet in order to comply with their responsibility to respect human rights. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin look at the report, which also calls on the UK to provide leadership on international business and human rights issues
- 16 December 2009
Client Update: Legislative amendments to support international arbitration in AustraliaAmendments to clarify the operation of the International Arbitration Act 1974 and support the practice of international arbitration in Australia have been introduced into Federal Parliament. Partner Stephen McComish, Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell look at the amending legislation
- 14 December 2009
Focus: New commercial arbitration Acts for the statesThe Standing Committee of Attorneys General has released a consultation draft of the Commercial Arbitration Bill 2009. The proposed new State Commercial Arbitration Acts will be based on the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration 1985, with certain additional provisions intended to clarify the operation of the law and support the practice of arbitration in Australia. Special Counsel Nicola Nygh and Lawyer Dr Sam Luttrell report on the Bill.
- 11 December 2009
Focus: When are tax issues capable of settlement by arbitration?It is not unusual for one party to agree to indemnify another party for tax liabilities arising from particular projects or transactions. Partner Andrea Martignoni, Special Counsel Nicola Nygh and Lawyer Mark Hare look at a recent case in the Supreme Court of Victoria that indicated that a dispute arising under such an indemnity may be capable of settlement by arbitration
- 11 December 2009
Focus: New guidance on US shareholder resolutionsThe US Securities and Exchange Commission has just released new guidance on shareholder proposals that relate to ordinary business matters but also focus on significant social policy issues. This guidance indicates that it will no longer be possible to exclude such proposals on the basis that they require a company to engage in an assessment of the risks and liabilities that it may face as a result of its operations. Partner Annette Hughes, Senior Associate Rachel Nicolson and Lawyer Catie Shavin review the guidance, which has been issued in time for the 2010 proxy season
- 04 December 2009
Focus: Abuse of process in investment treaty arbitrationA recent decision of an arbitral Tribunal convened under the auspices of the International Centre for the Settlement of Investment Disputes contributes to the emerging notion of abuse of process in the jurisprudence of investment treaty arbitration. This line of authority has implications for treaty shoppers, insofar as it may limit investors' ability to change or acquire nationality for the purposes of Bilateral Investment Treaty claims by selling or assigning their claims to entities incorporated in other countries. Partner Stephen McComish and Lawyer Dr Sam Luttrell report
- 03 December 2009
Audio: Enforcing contracts in DubaiRecent announcements has led doubts to how foreign investors with exposure to Dubai can enforce their contractual rights. Partner Matthew Skinner speaks to Boardroom Radio about the impact of these announcements on foreign investors
- 02 December 2009
Client Update: Enforcement of contractual rights in DubaiLast week's announcement that a Dubai state trading entity, Dubai World, would suspend debt repayments for six months has raised the possibility of a significant sovereign default. Many foreign investors with exposure in Dubai are now asking how they can enforce their contractual rights in the troubled emirate. Partner Stephen McComish and Lawyer Dr Sam Luttrell report on the options available
- 02 December 2009
Focus: Corporate liability under the US Alien Tort Claims ActA recent decision of the US Court of Appeal for the Second Circuit has made it more difficult for plaintiffs to establish corporate liability under the Alien Tort Claims Act by alleging complicity with state violations of international law. Partner Annette Hughes, Senior Associate Peter Haig and Lawyer Dora Banyasz report
- 30 November 2009
Focus: No political bar to US power companies being sued for emitting carbon dioxideTwo recent decisions of Federal Courts of Appeal in different Circuits in the United States have reversed the trend in lower US Courts to allow claims for damages based on climate change to be brought under federal common law nuisance principles. A more recent third decision of a lower federal District Court in a different Circuit, however, is a reminder of the hurdles for any potential climate change plaintiffs. Partners Matthew Skinner and Annette Hughes and Lawyer Julie-Anne Pearce report
- 23 November 2009
Focus: Comment sought for Australian Consumer Law consultation paperHigh-profile product safety recalls and discontent with Australia's fragmented approach to regulation have resulted in the planned introduction of a new product safety regime. The Standing Committee of Officials of Consumer Affairs has released for comment a consultation paper containing draft Regulation Impact Statements for best practice and product safety reform proposals. Partner Annette Hughes, Special Counsel Nicola Nygh and Lawyer Katherine Cooke report
- 11 November 2009
Focus: New guidance on proportionate liability claimsPartner Matthew Skinner and Senior Associate Philip Hopley consider a recent Victorian Court of Appeal decision and its likely impact on claims involving proportionate liability
- 30 October 2009
Client Update: ASX market supervision report releasedThe supervisory arm of the Australian Securities Exchange has this week released its 2009 annual report. Partner Miriam Stiel looks at the activities that were undertaken in the past financial year and at the implications for the year ahead
- 30 October 2009
Focus: Federal Court becomes 'one stop shop' for international arbitrationA Bill passed by the Senate this week will give the Federal Court concurrent jurisdiction with state and territory Supreme Courts in international arbitration matters. Partner Stephen McComish and Lawyer Dr Sam Luttrell report
- 23 October 2009
Focus: Removing REs - what the courts have been sayingIn recent months, several hostile attempts to remove responsible entities have come before the courts. As a result, there has been sharper focus on the statutory regime for changing responsible entities, with many of the relevant provisions of the Corporations Act 2001 (Cth) having now been tested. Partner Susan Burns and Senior Associate Penny Nikoloudis examine the effect of recent case law on the procedures for removing REs
