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Productivity Commission - Access to Justice Arrangements report and recommendations
Insight 05 Dec 2014

The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...

Finality: an important objective of class actions
Insight 12 Feb 2015

The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...

Significant 'blow' for penalties claims
Insight 08 Apr 2015

Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...

Contract Law Update 2015
Insight 11 Feb 2016

Our Contract Law Update provides an overview of important contract law decisions by Australian appellate courts in the past 12 months and considers their significance for the development of Australian contract law ...

Strangers no more - Taking action against an insolvent defendant's insurer
Insight 16 Feb 2016

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Linklaters Insights: Legal professional privilege
Insight 17 Jun 2016

After months of political stalemate in negotiations with its creditors to unlock access to bailout funds the Greek government has announced a referendum on proposed bailout conditions an extended bank holiday and the imposition of capital controls ...

ACCC's Enforcement and Compliance priorities for 2017
Insight 27 Feb 2017

Criminal cartels unfair contract terms consumer guarantees and the health construction and agriculture sectors are some of the ACCCs key enforcement and compliance priorities for 2017 ACCC Chairman Rod Sims released the ACCCs 2017 Compliance and Enforcement Policy on Friday 24 February 2017 ...

Improving external dispute resolution schemes - rather odd recommendations
Insight 07 Feb 2017

It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...

Anti-bribery & corruption: Key questions for boards and executives
Insight 06 Mar 2017

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery sanctions human rights and anti-money laundering In-house counsel perform a central role in supporting this oversight and maintaining compliancenbspIn the first of a five-part ...

Anti-bribery laws and deferred prosecution agreements
Insight 20 Apr 2017

The Australian Government is via two new consultations proposing wide-ranging reforms to tackle the challenges that it faces in detecting and prosecuting serious corporate crime ...

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