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Publications
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
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For publications in other legal areas see our recent publications page.
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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications. |
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A recent Victorian Supreme Court decision provides an important reminder that third party communications that are privileged from production in federal courts may not be similarly privileged in state courts, particularly in Victoria. Partner Belinda Thompson, Senior Associate Andrew Maher and Lawyer Mark Farquhar explain |
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The High Court recently handed down its judgments in two cases concerning the right of taxpayers to challenge decisions of the Commissioner of Taxation. Partner Malcolm Stephens, Senior Associate Chris Peadon and Lawyer Pouyan Afshar of our Tax Dispute Group discuss the effect of these decisions |
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In September 2007, we reported on the progress of the agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's courts. This milestone agreement led to the Mainland Judgments (Reciprocal Enforcement) Bill being passed by the Hong Kong Legislative Council and the PRC Supreme People's Court Judicial Interpretation being issued on 3 July 2008. Partner Simon McConnell, Senior Associate Mun Yeow and Trainee Solicitor Stanley Li look at this latest development |
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The Australian Securities & Investments Commission has just updated its regulatory guide on 'no-action letters'. This is the first major update of the policy since its release in 1996 and although it does not signal a significant shift in policy, it clarifies ASIC's approach in determining whether to issue a no-action letter and it also addresses the issue of 'class' no-action letters. Partner Matthew McLennan and Senior Associate Stephanie Wee look at Regulatory Guide 108 and what it means |
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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications |
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In the final instalment of our three-part series on the Victorian Law Reform Commission's recent report into the reform of the Victorian civil justice system, Partner Peter O'Donahoo and Lawyers Eloise Dias and Rebecca Semple review recommendations for pre-trial examinations and the discovery process |
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The Administrative Review Council has recently released a report outlining a range of 'best practice' principles it proposes government agencies should adopt when exercising their coercive information-gathering powers. Partner-elect Richard Harris, Senior Associate Chris Peadon and Lawyer James Windon discuss the report's key recommendations and their potential impact |
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In the second of our three-part series considering the recommendations made in the Victorian Law Reform Commission's report into the reform of the civil justice system, Partner Nick Rudge and Senior Associate Abby Gill consider the reforms proposed in the area of expert evidence |
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The Supreme People's Procuratorate and the Ministry of Public Security have jointly announced new rules to regulate the stock, securities and futures markets and to combat securities fraud in the People's Republic of China. Partner Simon McConnell and Senior Associate Mun Yeow look what the new regulations mean |
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The Victorian Law Reform Commission has conducted a wide-ranging review of the Victorian civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. Following a lengthy consultation process with stakeholders and the release of two exposure drafts, the VLRC released its Civil Justice Review report on 28 May 2008. Partner Peter O'Donahoo and Senior Associate Susie Stone explore some of the more contentious proposals on class actions and litigation funding |
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In April this year, the United Nations Special Representative on Business and Human Rights, Professor John Ruggie, released a report that aims to provide an international framework for action on the role of corporations in respect of human rights. If the report is adopted by the United Nations Human Rights Council in June, it will be the first time that an official position on corporate human rights responsibilities will have been adopted at the international level |
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A recent Federal Court pre-trial decision in a high-profile discrimination claim by a former partner of a large accounting firm has potentially significant ramifications for all lawyers, and particularly in-house lawyers. Partner Leighton O'Brien, Partner-elect Richard Harris and Senior Associate Lucas Shipway report |
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A new Federal Court practice for tax appeals will impact on the way in which taxpayers deal with tax disputes. Partners Grant Cathro and Michael Quinlan and Senior Associate Chris Peadon discuss the new practice note and its implications for the conduct of an appeal and preparation during the objection and audit process. |
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The Securities and Futures Commission of Hong Kong recently laid criminal charges over insider dealing activities for the first time. Partner Simon McConnell and Senior Associate Mun Yeow also look at some of the challenges to the Commission's powers of investigation and the resultant court cases |
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The Hong Kong Department of Justice recently released its consultation paper and draft legislation for reforming Hong Kong's arbitration law. Partner Simon McConnell and Lawyer Kieran Humphrey discuss the background and likely impact of these reforms. |
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The recent Victorian Court of Appeal decision in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd examined the distinction between 'normal' and 'consequential' loss for a breach of contract and held that lost profit was a consequential loss. Partner Nick Rudge and Articled Clerk John-Paul Santamaria report |
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At the ceremonial opening of the 2008 legal year, Chief Justice Andrew Li said that justice reform legislation intended to change the civil rules and procedures will be operational by April 2009. Partner Simon McConnell and Senior Associate Mun Yeow look at the proposed changes |
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The Full Federal Court has upheld Justice Finkelstein's decision at first instance that a represented group in class action proceedings in the Federal Court can be defined by the entry of group members into litigation funding agreements with a litigation funder. Partner Peter O'Donahoo, Senior Associate Duncan Travis and Articled Clerk Emily Austin report on the decision and its implications |
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The High Court has handed down its reasons for the orders it made last year in the Alinta litigation. The court's reasons confirm that the Takeovers Panel has the power to declare 'unacceptable circumstances' based on contraventions of the Corporations Act 2001. Partners Paul Nicols and Andrew Finch and Senior Associate Chris Peadon report |
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A recent High Court decision highlights the need to consider prior to entering into a commercial agreement, the circumstances in which such an agreement may be terminated, and to ensure that appropriate termination rights are then included. Partner Michael Ball and Senior Associate Chris Peadon report that doing so may avoid protracted litigation |
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The Federal Government has released the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 for public comment. The draft Bill proposes two new criminal offences to deal with serious cartel conduct. Partner David Brewster, Lawyer Helen Anness and Law Clerk Maya Tal report |
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Special Counsel Nicola Nygh and Lawyer Anna Brown comment on a recent Victorian Court of Appeal decision regarding the adequacy of reasons given in an arbitral award and the implications for parties in their choice of arbitral law and the exercise of appeal rights |
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We recently reported on three decisions providing significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia. In a further decision, the Federal Court has confirmed that, although the proportionate liability regimes have effected significant change in the law in cases to which they apply, the regimes could not have been intended to create a cause of action where one did not previously exist |
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Following its first set of draft civil justice reform proposals of 28 June 2007, the Victorian Law Reform Commission has now released an additional set of draft proposals in its second exposure draft report of 6 September 2007. Partner Peter O'Donahoo, Lawyer Susie Stone and Articled Clerk Adam Butt report |
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The Australian Law Reform Commission has released its discussion paper outlining a range of proposals to overhaul the law around client legal privilege in the context of federal investigations. Partner Paul Nicols and Senior Associate Richard Harris outline some of the key proposals for reform and, in particular, the increased possibility that governments may legislate to abrogate privilege in certain circumstances |
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On 20 September 2007, the Corporations and Markets Advisory Committee released its discussion paper: Shareholder Claims against Insolvent Companies - Implications of the Sons of Gwalia decision. In the Sons of Gwalia decision, the High Court held that a shareholder who had a misleading and deceptive claim could rank as an unsecured creditor |
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The High Court has upheld a challenge to the validity of amendments made in 2006 to the Commonwealth Electoral Act 1918 (Cth) that disqualified all prisoners from voting. However, the court upheld the validity of the previous legislative regime, which denied the vote to prisoners serving sentences of three years or more. The case was brought by Ms Vickie Lee Roach, an indigenous Victorian prisoner. |
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The Federal Court has again flagged difficulties associated with claims for privilege over communications between in-house lawyers and their internal clients. Partner Paul Nicols and Senior Associate Richard Harris report that the court has reiterated concerns about the ability of in-house lawyers to establish an 'appropriate' degree of independence to enable a claim for privilege to be made. |
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The Victorian Law Reform Commission is currently undertaking a review of Victoria's civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. As part of that review, the VLRC has released its draft civil justice reform proposals, which it set out in its exposure draft of 28 June 2007. |
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In a 6:1 decision, the High Court has made it clear that 'derivative Crown immunity' may no longer protect a corporation from liability under the Trade Practices Act 1974 (Cth) for anti-competitive conduct when it is negotiating or contracting with government. Partner Fiona Crosbie and Senior Associate Kylie Virtue report |
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The High Court of Australia has found that a roads authority did not owe a duty to young persons using a bridge to prevent them from jumping and being injured by the shallow water below. However, as Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the split decision muddies the waters around the circumstances in which appellate courts should overturn factual findings by lower courts |
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