Daniel Meyerowitz-Katz
Evidence Preparation Pro Tip: Show, Don't Tell
This post addresses by far the most common problem that I see in affidavits or witness statements. The problem is what is often referred...
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Daniel Meyerowitz-Katz
- Apr 8
- 49 min
Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests
Below is the unedited manuscript of an article that was published in the Australian Law Journal, citation (2022) 96 ALJ 185. Abstract...
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Daniel Meyerowitz-Katz
- Sep 9, 2021
- 3 min
Drafting pro tip: "me" is a word in the English language
Here's something that makes me angry: when I read a sentence like, "The next day John sent an email to myself and Amy saying blah." A...
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Daniel Meyerowitz-Katz
- Mar 22, 2021
- 36 min
After-the-event insurance and security for costs: inconsistency in the Australian approach
The below is the text of my article which was published in the Journal of Civil Litigation and Practice as (2021) 9 JCivLP 122 Daniel...
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Daniel Meyerowitz-Katz
- Feb 14, 2021
- 4 min
Pleadings pro tip #2: "full force and effect" has no force or effect
This is the second in what may someday become a series of posts aimed at stamping out bad pleadings habits (first one here). This time we...
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Daniel Meyerowitz-Katz
- Sep 6, 2020
- 5 min
Supplementary Submission to the Parliamentary Inquiry on Litigation and Class Actions
Further to this post, I made a supplementary submission to the inquiry into litigation funding and the regulation of the class action...
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Daniel Meyerowitz-Katz
- Jul 6, 2020
- 13 min
Submissions to the Parliamentary Inquiry on Litigation and Class Actions
I have made a submission to the current inquiry into litigation funding and the regulation of the class action industry being conducted...
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Daniel Meyerowitz-Katz
- Apr 22, 2020
- 4 min
Is it a crime to stand in the water?
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...
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Daniel Meyerowitz-Katz
- Mar 16, 2020
- 5 min
Why the case against contingency fees does not stack up
Originally published in Lawyerly: https://www.lawyerly.com.au/why-the-case-against-contingency-fees-does-not-stack-up Legal professional...
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Daniel Meyerowitz-Katz
- Dec 5, 2019
- 10 min
The end of common fund orders... or is it? The High Court's decision explained
Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v...
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Daniel Meyerowitz-Katz
- Nov 22, 2019
- 4 min
Competing Class Actions Getting Hammered
After years of difficult and costly hearings and appeals about which legal team/funder will get to represent the plaintiff where...
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Daniel Meyerowitz-Katz
- Jun 24, 2019
- 3 min
Court leaves open possibility of solicitors charging contingency fees in class actions
Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107
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Daniel Meyerowitz-Katz
- Jun 6, 2019
- 3 min
Pleadings pro tip: if you don't plead to it then you admit it
I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the...
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Daniel Meyerowitz-Katz
- May 20, 2019
- 3 min
I am vigorously opposed to vigorous defence
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...
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Daniel Meyerowitz-Katz
- Apr 11, 2019
- 5 min
Lee J endorses "self-funded" class actions in security for costs judgment
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...
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Daniel Meyerowitz-Katz
- Mar 19, 2019
- 4 min
NSWSC class actions do not require the plaintiff to have a claim against all defendants
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...
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Daniel Meyerowitz-Katz
- Mar 1, 2019
- 1 min
"Super Appeals" say "yes" to common funds
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...
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Daniel Meyerowitz-Katz
- Feb 1, 2019
- 10 min
The ALRC, Class Actions, and Litigation Funders: the Good, the Bad, and the (arguably) Unconstitutio
This is my second post in a series on the The Australian Law Reform Commission's Report 134, "Integrity, Fairness and Efficiency—An...
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Daniel Meyerowitz-Katz
- Jan 29, 2019
- 8 min
Open vs closed class actions: is the ALRC throwing the baby out with the bathwater?
The Australian Law Reform Commission's Report 134, entitled "Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings...
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Daniel Meyerowitz-Katz
- Jan 8, 2019
- 14 min
The 3 Best PDF Reader Apps for Court, on iPad
When it comes to using paper, law is #1 (for those of you born after 2000, that's NUMBER one, not "hashtag" one). Of all of the...
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