331-340 of 365 results
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
Court takes an expansive view of threshold requirement for class actions against multiple respondents
A representative proceeding can only be commenced where seven or more group members have claims against the same person In proceedings with multiple respondents there has been conflicting authority as to whether each group member is required to have a claim against each respondent Last week in Cash ...
Another win for arbitration
The FCAFC has upheld an earlier decision rejecting an application to set aside or not enforce an international arbitral award. ...
Does legal professional privilege apply to communications with third-party commercial advisers?
Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege following a recent Federal Court decision ...
School chaplaincy program remains out of bounds of federal power
In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...
Workplace Relations
We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...
Civil penalties: are negotiated outcomes still negotiable?
A recent decision of the High Court could intensify uncertainty about the legitimacy of resolving civil penalty proceedings by the regulator and the defendant approaching the court with an agreed penalty supported by an agreed statement of facts Partner Matthew McLennan and Lawyer Megan Sandler ...
Proposed reforms to create a consistent proportionate liability regime
In response to concerns about inconsistencies across various state-based jurisdictions and following a public consultation process the Standing Council on Law and Justice has released revised draft model legislation to reform Australias proportionate liability laws Partner Andrea Martignoni and ...
What next after FATF's mixed review of Australia's anti-money laundering and counter-terrorism financing regime?
The Financial Action Task Force has released its report on the effectiveness of Australias anti-money laundering and counter-terrorism financing regime focusing on the extent to which it complies with international standards The reports findings and recommendations come at a key stage in the ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...