Publications

Publications

Search publications by:

Dispute Resolution

  1. 27 Aug 15 Recognition and enforcement of foreign judgments in Australia For a plaintiff seeking to enforce a judgment, it is not uncommon for a defendant’s assets to be spread across the globe, creating both opportunities and problems. The opportunity lies in accessing potential sources of assets to satisfy the judgment.
  2. 29 Jul 15 Protecting the little guy: unfair contract terms to apply to small businesses In April 2015, the Federal Government released draft legislation titled the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill), which if enacted, will extend the consumer unfair standard contract term protections to small businesses.
  3. 14 Jul 15 Sharing the risk: Proportionate liability clarified by the High Court The High Court recently handed down their much anticipated decision in Selig v Wealthsure, providing some well needed clarification on the proportionate liability provisions in the Corporations Act 2001 (Cth), in light of the inconsistent decisions of the Full Federal Court in Wealthsure and ABN AMRO v Bathurst City Council.
  4. 3 Jul 15 In-house counsel: a position of privilege? An important issue for all in-house legal practitioners is maintaining the privilege in legal advice they provide as legal counsel to their employer company. The extent to which in-house counsel are protected by the doctrine of legal professional privilege has recently been the subject of a great deal of judicial consideration.
  5. 4 Jun 15 Give me that document! An overview of legal professional privilege All information that a lawyer receives from a client is considered to be ‘confidential’. Some of that information is also considered ‘privileged’. Legal professional privilege is an important area of the law and one that frequently surfaces in practice.
  6. 15 May 15 Social media: a breach of confidence? The Supreme Court of Western Australia has found that individuals in a close relationship may owe one another equitable obligations of confidence, particularly in circumstances where intimate and private information is exchanged in a social media context.
  7. 12 Sep 14 Supreme Court of Victoria derails future of entrepreneurial class actions The number of shareholder class actions in Australia continues to grow at an impressive rate. However, a recent decision of the Supreme Court of Victoria has examined the limits of entrepreneurship by securities class action lawyers.
  8. 20 Aug 14 Protecting your business from damaging blog posts The Federal Court of Australia has handed down a valuable decision for business owners concerned their business reputation is being damaged by a competitor’s misleading online blog posts.
  9. 22 Jan 14 New ‘rocket docket’ promotes swifter decisions on commercial matters at Administrative Appeals Tribunal Businesses as well as the legal profession will benefit from the creation of a new ‘rocket docket’ to expedite commercial hearings at the Administrative Appeals Tribunal.
  10. 4 Dec 13 Bilateral Investment Treaties - Protecting Australians investing abroad Protection of foreign investment under Bilateral Investment Treaties is a field currently undergoing a phase of accelerated development, with the number of claims commenced under these treaties increasing every year.
  11. 18 Jul 13 IBA Guidelines on Party Representation in International Arbitration provide guidance on accepted practice On 25 May 2013, the International Bar Association (IBA) adopted new guidelines to provide a uniform set of ethical standards and rules of professional conduct that can be applied to international arbitrations.
  12. 28 Mar 13 High Court of Australia confirms constitutional validity of international arbitration legislation Arbitration is an increasingly popular method of dispute resolution that has some advantages over traditional court proceedings. It allows sophisticated commercial parties to resolve claims in a way that is potentially faster and less expensive than litigation while still allowing for a considered decision reflective of the legal merits and resistant to challenge.
  13. 10 Feb 11 Flood claim denied? You may still be covered The recent flood events throughout Queensland have left many householders in an uncertain position in terms of their insurance coverage for the disaster. Claimants may still have some prospect of progressing their claim if their Insurer did not properly advise them that the policy contained a flood exclusion.

Blog

The McCullough Robertson Litigation Review. Case notes, updates and key developments in Australian commercial litigation.

Click here to read and subscribe.