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 determined in an earlier proceeding, even if that claim had never been determined on the merits. The decision rested on the interpretation of the doctrine of the abuse of the court's process, as well as the overarching purpose of case management in provisions such as s 56 of the Civil Procedure Act 2005 (NSW) and s 37M of the Fed

I made a submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in response to its Interim Report, released last week. I'll post more about the Royal Commission in due course. In the meantime, this is what my submission said: The Hon Kenneth Hayne AC QC, Commissioner Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry Dear Commissioner Submission in response to the Interim

ASIC Opposes Proposed Role as Litigation Funding Regulator As many readers will know, the Australian Law Reform Commission ("ALRC") is currently conducting an inquiry into the federal class actions regime and the regulation of litigation funders, and have been accepting submissions in response to a Discussion Paper. I was a co-author of both the Levitt Robinson and the NSW Young Lawyers submissions. The Discussion Paper and the submissions canvassed a number of issues and I w