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Searching Content indexed under Litigation, Mediation & Arbitration by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
A shield not a sword: High Court sides with ATO in Paradise Papers privilege squabble
HC confirms that where otherwise privileged documents are sufficiently public, regulators may use them in their investigations.
Australia
20 Aug 2019
2
NSW Court of Appeal clarifies approach to aggregation clauses in insurance policies
The appeal decision does provide some clarity on how claims in class actions can be aggregated under an insurance policy.
Australia
15 Aug 2019
3
Innocent dissemination and secondary publisher defences no longer available to owners of Facebook pages: NSW Supreme Court
For defamation, media companies are considered primary publishers of third party comments on their public Facebook pages.
Australia
12 Jul 2019
4
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
5
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
6
Recent WA Supreme Court decision highlights the consequences of poorly-pleaded global claims for damages
This case is important for those drafting statements of claim containing a global claim or modified total costs claim.
Australia
15 Jun 2019
7
The Singapore Mediation Convention: a way forward for international dispute resolution?
This convention may reshape the ADR landscape by enabling the enforcement of mediated settlements throughout the world.
Australia
6 Jun 2019
8
AMP class actions: NSW Supreme Court provides guidance on factors to be considered in competing class actions
The NSW Supreme Court was required to decide which plaintiff had the right to prosecute a class action against AMP.
Australia
27 May 2019
9
TGIF 10 May 2019: Federal Court permits liquidators to give notices to creditors electronically and to be relieved of the requirement to send a creditors list
This case demonstrates the Court's inclination to assist liquidators and to reduce costs for the benefit of creditors.
Australia
24 May 2019
10
Preserving arbitral integrity: UK Supreme Court to hear Deepwater Horizon appeal
International arbitration must ensure that its decision-makers are, and are perceived to be, impartial and without bias.
Australia
21 May 2019
11
Ten predictions for class actions in 2019
Ten trends relating to class actions and litigation funding have been identified for 2019 in Australia.
Australia
20 May 2019
12
US courts link glyphosate use with non-Hodgkins lymphoma: what are the implications for Australia?
Implications for Australia of the recent US case involving risks associated with use of glyphosate.
Australia
8 May 2019
13
Non-disclosure in international commercial arbitration: the High Court of Singapore offers guidance
Recent decision highlights the different disclosure obligations applying to arbitration & litigation and more.
Australia
8 May 2019
14
A new era of climate change litigation in Australia?
Climate change is already a focus of corporate, social and political discourse and we are now seeing a rise in litigation.
Australia
16 Apr 2019
15
A cautionary tale for joint venture parties – why arbitration works
This protracted and complex litigation contains a lesson for joint venturers of the importance of an arbitration clause.
Australia
15 Apr 2019
16
Make haste slowly: Federal Court emphasises need to articulate class action claims at the outset
Costs and burdens of class actions should not be imposed on defendants until plaintiff claims are properly articulated.
Australia
13 Apr 2019
17
Insurance for class actions: the importance of an effective aggregation clause
Insureds should consider from the outset how their policy will respond in the event of a class action against them.
Australia
1 Apr 2019
18
The without prejudice privilege – a recent cautionary tale
The ‘without prejudice' privilege must always be based on the purpose and content of any particular communication.
Australia
25 Mar 2019
19
Courts confirm common fund orders for class actions - but will they decline anyway?
A common fund order allows those bringing and funding a class action to recover their costs out of the total settlement.
Australia
13 Mar 2019
20
Excessive remuneration and inadequate remuneration reports: Validation of liquidators remuneration refused, with fees reduced by Court
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Australia
13 Mar 2019
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