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...

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...

Further to this post, I made a supplementary submission to the inquiry into litigation funding and the regulation of the class action...

I have made a submission to the current inquiry into litigation funding and the regulation of the class action industry being conducted...

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...

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

Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v...

After years of difficult and costly hearings and appeals about which legal team/funder will get to represent the plaintiff where...

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...

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...

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...

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...

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...

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

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

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...

I'm told there is a diversity problem at the Bar—at least according to the presentations they made during the Practice Course, the emails...

This shocking piece of news was in the "InBrief" email sent by the NSW Bar Association to its members today: Of course, if you click...

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