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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Corrs Chambers Westgarth ordered by Published Date Descending.
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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
2
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
3
A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Australia
14 Feb 2019
4
Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Australia
11 Aug 2018
5
Records, records everywhere, and a reason to stop and think. The admissibility of company books stored in data files.
Court recently considered whether data files from software packages are admissible as evidence of financial records.
Australia
13 Jun 2018
6
Ding dong - the summons is dead
The case is a warning to applicants for leave to issue examination summons that they must make full and frank disclosure.
Australia
18 Sep 2017
7
Why legal technologists are becoming the new normal
Advances in legal technologies include the increasing use of e-discovery and electronic evidence and data analysis.
Australia
5 Sep 2017
8
Can journalists really promise anonymity to their sources?
Investigative journalists rely heavily on their ability to attract and retain the trust of their anonymous sources.
Australia
25 Jul 2017
9
The statutory journalists privilege: Has it done enough to protect journalists from being obliged to disclose confidential sources?
Journalists' privilege does real work in bolstering the protections that journalists so often give to their sources.
Australia
25 Jul 2017
10
Disclosure Managment Plans: What does the Queensland Supreme Court expect?
The Court could relieve parties of ordinary disclosure obligations in favour of a tailored disclosure management plan.
Australia
21 Jul 2017
11
Technology Assisted Review (TAR) in large dispute case management: Australian and Internation developments
Using technology to assist in the case management of large commercial disputes is becoming more and more important.
Australia
15 Dec 2016
12
Don't be too Hastie – the importance of claiming privilege with precision
The Court held that privilege attached to an expert report prepared for the purpose of obtaining litigation funding.
Australia
30 Nov 2016
13
Commercially sensitive documents as evidence: Confidential meets open justice
Here's what to do if your commercially sensitive documents are tendered in evidence and should be kept confidential.
Australia
8 Nov 2016
14
Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue
This recent Federal Court decision sheds some light on experimental evidence and discovery in patent cases.
Australia
2 Sep 2016
15
Legal professional privilege – Keeping workplace ‘laundry' private
The article discusses access to privileged investigation reports and how employers can still keep their business private.
Australia
28 Mar 2016
16
Self incrimination, regulators and commissions – do I really have to answer that question? Part 2
This article considers who can receive or make use of a transcript of a compulsory examination, including third parties.
Australia
22 Mar 2016
17
Self incrimination, regulators and commissions – do I really have to answer that question?
This is the first in a two-part series covering issues from compulsory examinations and privileges that may be available.
Australia
15 Mar 2016
18
Cook Building and Development Pty Limited v Citicorp International Limited [2015] FCA 703: Order for pre-trial discovery against foreign parties
The Court must consider the proposed method of service and whether the party has a prima facie case for the order.
Australia
28 Oct 2015
19
Corporations beware! The High Court delivers - Contempt 101
Corporations may face contempt if they breach the terms of injunctions or orders made against them in civil proceedings.
Australia
26 Jun 2015
20
You can't keep secret what you rely upon: Employer loses legal professional privilege in workplace investigation report
The article examines the implications for employers when obtaining legal advice in relation to workplace investigations.
Australia
 
25 Aug 2014
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