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Member Articles


3 Things You Need to Know About AFCA and ASIC Post-Royal Commission

Authors: Katherine Hayes, Partner and Greg Stirling, Senior Associate Since the Financial Services Royal Commission, there have been a number of changes to the regulation of the financial services sector. The Australian ...

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) ...

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 ...

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 ...

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 ...

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 ...

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