Norton Rose Introduction Effect of the legislation Implications Excluded Proceedings Conclusion Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
Allens Arthur Robinson In brief: The NSW Court of Appeal has upheld a decision in which a plaintiff was granted leave to join the defendant’s insurer as an additional party to proceedings. This is potentially beneficial for plaintiffs and problematic for insurers. Partner Michael Quinlan (view CV) and Lawyer Andrew Lazzaro report. Background The decision [...]
Pihiga Pty Ltd v Roche [2011] FCA 240 The parties agreed to participate in a mediation which culminated in a settlement deed that the applicants (“Pihiga”) would sell their shares to the respondent (“Roche”). Pihiga sought an order declaring the settlement deed void, setting it aside or rescinding it on the basis that the Roche [...]
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Greg Condon Transport v Gordon [2011] QDC 7 Baulch SC DCJ [58] I have no reason to think that the Plaintiff was dishonest when he gave the evidence that he gave in respect of the replacement of the vehicle. I do, however, think that the Court is entitled to expect that evidence proving a significant [...]
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Allens Arthur Robinson In brief: The Victorian Parliament recently introduced new legislation that may have a significant impact on the conduct of civil litigation in Victoria. The legislation will commence on 1 January 2011. Partner Andrew Maher (view CV) and Senior Associate Matthew McCarthy report. Civil Procedure Act 2010 Commencement of the Act Reproduced [...]
Practice Direction No.3 of 2010 establishing the District Court commercial list commenced on 29 October 2010. Brisbane Barrister – David Cormack
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Dye v Commonwealth Securities Ltd (No 5) [2010] FCA 950 Catchwords: PRIVILEGE – legal professional privilege – whether in-house lawyer is an independent legal adviser – nature of requirement of independence – in-house lawyer independent and communications with him capable of being privileged – Rich v Harrington distinguished and questioned. Issue: Legal professional privilege in [...]