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Predictive coding: the future of electronic document production?
Insight 25 Feb 2016

A recent decision of the English High Court may pave the way for the use of predictive coding in large scale discovery and regulatory investigations in Australia Partners Nick Rudge and Duncan Travis Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new ...

Government and ASIC announcements for FinTech sector
Insight 23 Mar 2016

There were three announcements this week that will serve to bolster the emerging Australian FinTech sector The Government released a statement in support of FinTech as part of its National Innovation and Science Agenda while ASIC issued two sets of guidance an information sheet for providers of ...

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 ...

Workplace Relations
Insight 05 May 2016

Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...

A safe harbour for now - product liability risk exposure stemming from human rights abuses in supply chains
Insight 02 May 2016

Globalisation has created significant benefits for consumers by making products cheaper to purchase It has allowed consumers to access food that is out of season from halfway across the globe or regularly update the model of their phone However the long and complex supply chains that facilitate ...

Productivity Commission - third party litigation funding and contingency fees
Insight 17 Apr 2014

The Productivity Commissions draft report on its inquiry into Australias system of civil dispute resolution has now been released The comprehensive review focuses on ways to constrain costs and promote access to justice One of the areas the Productivity Commission is examining is Australias private ...

Federal Court - another arbitration-friendly decision
Insight 15 May 2014

In a recent decision the Federal Court dismissed an application to set aside an arbitral award rendered in Australia on the basis that it breached the rules of natural justice In doing so the courts decision recognised the limited scope of the grounds upon which an award can be set aside under ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...

Seeing red over yellow
Insight 05 May 2014

The difficulty of registering a colour mark or word mark denoting a colour that include issues of market place recognition was highlighted by a recent set of appeals revolving around the use of the word Yellow in a tussle between various business directory goods and service providers Partner Sarah ...

The Federal Court on information to third parties, legal professional privilege and waiver
Insight 21 May 2014

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 ...

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