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  • Article

    Restraining A Solicitor From Acting For A Client: An Extraordinary Power With A High Hurdle

    The New South Wales Court of Appeal has overturned a decision restraining a law firm from acting for a client, establishing that general observations of senior solicitors by junior lawyers do not constitute confidential information. The ruling clarifies when courts can invoke the extraordinary jurisdiction to prevent lawyers from representing clients and emphasizes that parties must be formally joined to proceedings that directly affect their rights.
    AustraliaLitigation, Mediation & Arbitration
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Steps To Take When You Have Been Injured In A Public Or Private Space

    When an accident occurs on public or private property in New South Wales, understanding your legal rights and taking immediate action can be crucial to any future compensation claim. This guide outlines the essential steps to protect your interests, from documenting the incident scene to preserving critical evidence that may determine whether you can successfully prove negligence and recover damages.
    Australia
Litigation, Mediation & Arbitration
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Decision Alert: Queensland Court Of Appeal Finds Corporate Reconstruction Relief Not Available Where Transferor And Transferee Were Not Group Companies When Shares First Came Into Group Ownership

    On 29 May 2026, the Queensland Court of Appeal handed down its decision in Commissioner of State Revenue v Special Situations Investing Group III, Inc [2026] QCA 98, allowing the Commissioner's appeal against the decision of Bradley J in Special Situations Investing Group III, Inc v Commissioner of State Revenue [2025] QSC 345.
    AustraliaCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Is A Gambling Addiction An Impairment?

    In a recent decision in Victoria, McDougall v Kimberley-Clark Australia Pty Ltd [2006] VCAT 1563, a Tribunal was asked to consider whether a gambling addiction constituted an impairment under Victorian's anti-discrimination legislation.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Court Or Tribunal? - Issues In Interim And Conservatory Measures In International Arbitration

    There are considerable differences between obtaining interlocutory orders in litigation and obtaining interim or conservatory measures in international arbitration, because of the, at times, complex interplay between arbitral rules, the law governing the arbitration and the laws in the country of enforcement.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Group proceedings settlements binding on group members

    This Supreme Court case confirmed the application of the "Anshun estoppel" principle to group proceedings in Victoria.
    AustraliaLitigation, Mediation & Arbitration
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Insolvent Trading: Odds Stacked Against Directors

    In this article, we discuss some of the key findings of an empirical study into insolvent trading. While there have not been many insolvent trading actions that have gone all the way in Australia, directors lose in three out of four cases that do.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Kathleen Folbigg pardoned and released after 20 years in jail

    New evidence gave rise to reasonable doubt regarding her guilt of the offence of murdering her 4 children.
    AustraliaCriminal Law
    Criminal Defence Lawyers Australia
    Criminal Defence Lawyers Australia
  • Article

    High Court widens exposure for organisations working with vulnerable people

    Recent HC decision declares that a non-delegable duty of care can extend to the intentional criminal acts of employees, delegates &/or third parties.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Group members not prevented from raising individual defences in subsequent actions for debt recovery

    The Anshun principle of estoppel does not apply to prevent members raising individual defences in subsequent proceedings.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Insurer´s agreement to 15% or greater whole person impairment can be restricted to s66/67 claims for lump sum compensation and is not binding for a work injury damages claim under Workers Compensation Act

    The NSW Court of Appeal has decided that an agreement on the degree of permanent impairment suffered by a worker with respect to a claim for lump sum compensation under s 66 of the Workers Compensation Act 1987 ("the 1987 Act") has no impact on whether the 15% whole person impairment threshold for a work injury damages claim has been met, as required by s 151H of the 1987 Act.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Case Note On Trident Seafoods Corporation v Trident Foods Pty Limited [2018]

    The case considered use of a trade mark by a parent company where registration rights are recorded in a wholly owned subsidiary.
    AustraliaIntellectual Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Mental harm damages following birth trauma – the Sorbello appeal

    The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Ogbonna v CTI Logistics Ltd (No 8): The sequestration order was set aside but the costs story did not end there

    Ogbonna 8 is a reminder that costs decisions are not always a simple "winner takes all" outcome.
    AustraliaLitigation, Mediation & Arbitration
    Matthews Folbigg Lawyers
    Matthews Folbigg Lawyers
  • Article

    Some "Serious" Developments In Defamation Law

    In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm"...
    AustraliaLitigation, Mediation & Arbitration
    K&L Gates
    K&L Gates
  • Article

    Stopping self-represented litigants in their tracks: how to use security for costs and other procedures

    Courts are more willing to order security for costs against individuals & require them to expose their personal assets to a costs order.
    AustraliaLitigation, Mediation & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The Road To Reform: ALRC Discussion Paper On Class Actions And Litigation Funders Released

    On 31 May 2018 the Australian Law Reform Commission (ALRC) released a discussion paper on its "Inquiry into Class Action Proceedings and Third-Party Litigation Funders" (Inquiry).
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Use AI And Lose Privilege?

    Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.
    AustraliaTechnology
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Federal Court Of Australia Rejects "Common Fund" For Litigation Funders

    The Federal Court has declined to make orders at the commencement of proceedings which would have endorsed a funder's fee arrangement as reasonable and required all group members to pay that fee.
    AustraliaLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Welcome to our first Building & Construction Update for 2006

    In this issue we feature articles on: The JCT Framework Agreement & Amendments to the Victorian Building and Construction Industry Security of Payment Act.
    AustraliaReal Estate and Construction
    Gadens Lawyers
    Gadens Lawyers
  • Showing 881–900 of 1091 results

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