ARTICLE · 01 DECEMBER 2010

Focus on London: Professor Robert Merkin

Norton Rose Fulbright Australia

Explore more from Norton Rose Fulbright Australia

We are delighted to feature a light hearted Q&A with consultant to our practice, Professor Robert Merkin.

AustraliaLitigation, Mediation & Arbitration

Author LinkedIn connections

December 2010

Editorial
Legal update
Choices in arbitration: users' survey
Dispute resolution in London
Jivraj developments
New UNCITRAL rules
Noticeboard
Focus on London: Professor Robert Merkin

Professor Robert Merkin is a consultant based in Southampton. He is Research Professor of Commercial Law at Southampton University. He has published books and articles on insurance, reinsurance and arbitration law and is co-editor of the Lloyd's Law Reports.

I am a lawyer because...

Actually, officially, I'm not, as I have never qualified, but don't tell anyone. Maybe one day...

What gives you greatest satisfaction, professionally?

Achieving clarity from the impenetrable, in writing, teaching and giving advice.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Time Limits For Enforcing A Judgment In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

A Plaintiff Must Prove Their Case – The Importance Of Credibility In Personal Injury Claims

AustraliaLitigation, Mediation & Arbitration

Section 22 PIPA Requests In Queensland Personal Injury Claims: A Strategic Tool For Early Claim Resolution

AustraliaLitigation, Mediation & Arbitration

Gilchrist Connell

Adverse Credit And Weight Of Evidence In Personal Injury Matters

AustraliaLitigation, Mediation & Arbitration

Bartier Perry Solicitors

Particulars And Further And Better Particulars In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Litigation, Mediation & Arbitration
- Arbitration & Dispute Resolution

Related Comparative Guides

Comparative Guide

Litigation

Comparative Guide

Class Actions

Comparative Guide

International Arbitration

See more popular content from

Litigation, Mediation & Arbitration

Draft And File A Statement Of Claim In Queensland

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Elements Of Defamation In Queensland

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Libel, Slander, and Defamation – Understanding the Difference

Libel, slander, and defamation are legal terms that address false statements that harm an individual's or business's reputation.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Beyond reasonable doubt (criminal) vs balance of probabilities (civil)

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

AustraliaLitigation, Mediation & Arbitration

Doogue + George Defence Lawyers

NSW Statement of Claim: A Basic Guide

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

AustraliaLitigation, Mediation & Arbitration

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Negligence and the scope of liability (legal causation)

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Matters That Must Be Specifically Pleaded In Queensland

Queensland's Uniform Civil Procedure Rules require specific matters—including fraud, breach of contract, damages, and states of mind—to be expressly pleaded with supporting material facts. This comprehensive guide examines Rule 150's requirements, explains what "specifically pleaded" means in practice, and demonstrates through case law how deficient pleadings can be struck out or limit evidence at trial.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal