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ARTICLE · 08 JANUARY 2009

Top 10 Developments In Commercial Litigation In 2008

Economic conditions, court decisions, and a new Federal Government all will generate changes.

AustraliaCorporate/Commercial Law

Key Point

  • Economic conditions, court decisions, and a new Federal Government all will generate changes.

1. Economic downturn triggers a rise in litigation

As the economy slowed in 2008, litigation departments became increasingly busy. Demand for litigation has traditionally been counter-cyclical. The conventional wisdom is that in boom times, failed deals are simply put down to the cost of doing business but when the economy comes off the boil, companies are more likely to litigate. With deals scarce on the ground, companies are more inclined to take action to recover their losses.

In addition to advising on failed deals, litigation teams have been kept busy by insolvency-related litigation and actions mounted by aggrieved investors, unaccustomed to margin calls and investment losses.

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