I'm not normally in the habit of writing posts of this type, but in recent days I have really felt the need to respond to the way that authorities seem to ha...

Originally published in Lawyerly: https://www.lawyerly.com.au/why-the-case-against-contingency-fees-does-not-stack-up Legal professional associations across ...

Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45. By ...

Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107

I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the statement of claim bec...

You can't just defend a claim these days, you have to "vigorously" defend it. This post was triggered by an email from Lawyers Weekly with the "breaking news...

In Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462, a decision handed down last week by Lee J regarding an application for security for costs in a ma...

There was an interesting decision handed down by Garling J in the NSW Supreme Court last week in Fernandez & Anor v State of New South Wales & Ors [2019] NSW...

This is just a quick post to say that the decisions in the cases that were the subject of an unprecedented concurrent sitting of the Court of Appeal of NSW a...

This is my second post in a series on the The Australian Law Reform Commission's Report 134, "Integrity, Fairness and Efficiency—An Inquiry into Class Action...

The Australian Law Reform Commission's Report 134, entitled "Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Liti...

In Botsman v Bolitho [2018] VSCA 278, Tate, Whelan, and Niall JJA of the Supreme Court of Victoria Court of Appeal have substantially redefined the Court's p...

In UBS AG v Tyne [2018] HCA 45, a 4-3 decision of the High Court of Australia has made it harder for litigants to bring a claim that could have been determin...

I made a submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in response to its Interim Report,...

ASIC Opposes Proposed Role as Litigation Funding Regulator As many readers will know, the Australian Law Reform Commission ("ALRC") is currently conducting a...