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Member Articles


Contractual Insurance Clauses – Is Erect Safe Still Good Law?

Authors: Rebecca Stevens, Partner & Milton Latta, Special Counsel It is often the case in multi-party claims that a contractual relationship will exist between one or more defendants or third parties. Where those arrang ...

Security for Costs – Now Available for Order Against Third Parties

Authors: Michael Bath, Partner & Kate Martin, Associate In the usual course of litigation, 'costs follow the event', meaning that upon a determination, payment of the successful party’s costs are ordered against the u ...

Director Fails to Access ASIC’s Pre-Litigation Witness Communications

Authors: Katherine Hayes, Partner & Elise Turnbull, Senior Associate On 9 September 2019, in Australian Securities and Investments Commission v Mitchell [2019] FCA 1484. Justice Beach2 once again pro ...

Court Clarifies Solicitors' Pre-Litigation Duty to Clients

Authors: Mark Brookes, Partner & Greg Stirling, Senior Associate Introduction A recent decision of the New South Wales District Court in the matter of Bird v Stonham t/as John Stonham & Co Lawyers [2019] NSWD ...

Unfair Contract Terms Regime to be Extended to Insurance Contracts

Authors: Ben Hall, Partner, Luke Bush, Senior Associate & Amanda Le, Law Graduate On 30 July 2019 Treasury released an exposure draft of the Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill 2019 (Bill) ...

Self-Represented Legal Practitioners Can No Longer Claim Professional Costs

On 4 September 2019, the High Court confirmed in Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. that the so-called Chorley exception is no longer part of the common law of Australia. ...

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