Our most recent Litigation articles are listed below:
27 June 2008
The discretionary power to extend time – drafting around Peninsula Balmain and lessons from Hervey Bay
Many construction contracts provide for a discretionary power in the superintendent to grant an extension whether or not a contractor is entitled to it or has brought a claim for an extension of time (discretionary extension of time).
05 June 2008
Substantial reforms recommended for the civil justice system in Victoria
On 28 May 2008 stage one of the Victorian Law Reform Commission’s inquiry into civil justice in Victoria concluded with the tabling in the Victorian Parliament of the VLRC’s Civil Justice Review Report. Designed to make civil justice more ‘just, efficient and affordable’, the report canvases a broad range of reform measures and applies to civil litigation of all sizes.
30 May 2008
Document retention: Where do I start?
This article provides a brief outline of some key considerations which can drive an effective document management or retention strategy, and provides some practical tips in devising a policy which has a reasonable prospect of consistent implementation.
14 February 2008
ALRC reinforces privilege in Final Report
On 13 February 2008 the Australian Law Reform Commission (ALRC) issued its Final Report in relation to client legal privilege and federal investigations.
31 January 2008
Class Actions in Australia
Class Actions in Australia, by Freehills’ partners Damian Grave and Ken Adams, focuses exclusively on class action law in Australia. It is a complete and comprehensive guide to this area of the law.
19 December 2007
The danger of referring to legal advice – a rich and complex vein
Corporations, directors and legal counsel often desire, and for good reason, to refer to the fact that legal advice has been taken in relation to a particular issue or dispute.
26 September 2007
Claiming privilege in federal regulatory investigations: ALRC Discussion Paper
The Australian Law Reform Commission (ALRC) has today issued a detailed Discussion Paper on the operation of legal professional privilege in investigations by federal agencies. This has been an area of significant uncertainty for some time.
25 September 2007
The current landscape of legal professional privilege
Legal professional privilege supports the public interest by encouraging ‘the obtaining of legal advice and promoting observance of the law’. It preserves the lawyer-client relationship by encouraging the client to make a full and frank disclosure of relevant information, thus allowing the legal advisor to fully apprehend his or her client’s potential rights and liabilities.
03 July 2007
Federal Court dismisses ASIC’s allegations against Citigroup of insider trading and failing to manage conflict
This article gives a summary of the Federal Court's dismissal of all the claims alleged against Citigroup Global Markets Australia Pty Limited in an action brought by the Australian Securities and Investments Commission.
03 July 2007
Should brokers and corporate insurance buyers make submissions to the Senate Committee considering changes to the regulation of Direct Offshore Foreign Insurers?
Legislation has been introduced into the Australian Federal Parliament which will fundamentally change how Direct Offshore Foreign Insurers (DOFIs) can participate in the Australian general insurance market.
03 July 2007
Detailed examination of Federal Court dismissal of ASIC’s allegations of insider trading against Citigroup
This article examines, in detail, the dismissal of all the claims alleged against Citigroup in the Citigroup v ASIC case.
20 June 2007
Small business reforms to the Trade Practices Act
A Bill to amend the Trade Practices Act 1974 was tabled in the House of Representatives today.
15 June 2007
The Leahy petrol pricing decision: The curious incident of the dog in the night-time (with apologies to Conan Doyle)
On 29 May 2007 the Federal Court dismissed the Australian Competition and Consumer Commission’s prosecution of eight Geelong petrol retailers for fixing petrol prices: ACCC v Leahy Petroleum. The press have suggested this decision is a massive blow to the Commission’s ability to police cartel conduct.
29 May 2007
The liability of banks for breach of fiduciary duty
The High Court decision in Farah Constructions v Say-Dee Pty Ltd handed down on 24 May 2007 is good news for banks.
16 May 2007
Application of the income tax anti-avoidance rule
Part IVA is the general anti-avoidance rule in the Income Tax Assessment Act 1936 (Cth). It gives the commissioner power to cancel certain defined ‘tax benefits’ obtained by a taxpayer in connection with a ‘scheme’ where it is concluded, objectively, that one of the persons who entered into or carried out the scheme, or any part of it, did so for the dominant purpose of enabling a taxpayer to obtain a ‘tax benefit’.
16 May 2007
A current overview of the ACCC for foreign lawyers and clients
Freehills partner, Bob Baxt, contributed the Australian chapter to The Handbook of Competition Enforcement Agencies, which was successfully launched at the American Bar Association's Antitrust Spring Meeting in Washington DC in April, 2007.
24 April 2007
Anti-competitive conduct could result in a compulsory licence
With all the attention on the Dawson reforms of the TPA, a new remedy for anti-competitive conduct has gone largely unnoticed. Karen Gibbons and Zarghona Fazal examine the impact of an amendment to the Patents Act which attempts to bring together the sometimes conflicting philosophies of competition law and intellectual property law.
28 March 2007
Update on promoter penalty legislation
On 15 March 2007, the Australian Tax Office released two draft practice statements on the administration of the promoter penalty laws, and we discuss key points arising from the practice statement.
02 March 2007
A matter of 'opinion'
There is a general rule that courts will reject the evidence of a person’s ‘opinion’. The most well known exception to this rule is that which permits experts, in tightly constrained circumstances, to give opinion evidence.
02 March 2007
Regulatory intervention — the use by government agencies of coercive information-gathering powers
In Australia’s heavily regulated economy, companies are increasingly the subject of the coercive information-gathering powers of regulators. The power of regulators to issue notices for the purpose of gathering information raises numerous important compliance issues for companies.
