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Litigation and Dispute Resolution

The document exists, but I won’t let you see it! Confidentiality claims during discovery

Discovery is a key phase in most litigation and often one of the most important. It is a process ordered by the Court that requires parties to a proceeding to disclose relevant documents to each other to promote efficient conduct of the matter.

Published by Chiara Rawlins
21 February, 2024
Litigation and Dispute Resolution

Notices to Produce: Strategic uses in New South Wales

A Notice to Produce is a tool for litigants to obtain documents, governed by the Uniform Civil Procedure Rules 2005 (NSW).

Published by Justin Pennay
15 February, 2024
Litigation and Dispute Resolution

The WayForward: the admissibility of ‘WayBack Machine’ evidence

It is now increasingly common in proceedings in Australia for parties to rely on historical website pages sourced from the Wayback Machine as evidence of what was shown on the particular website at a point in time relevant to the proceeding. In parti...

Published by Gus Skavronskas
19 December, 2023
Litigation and Dispute Resolution

High Court to Rule on Reliance Damages in Case Against Council for Aircraft Hanger Built at Cessnock Airport

An upcoming High Court appeal could significantly change the way Courts assess claims for reliance damages in commercial litigation.

Published by Foez Dewan
28 November, 2023
Intellectual Property

Indispensable Human Touch: Mimicry of Human Intelligence by AI Not Creativity

The original purpose of intellectual property laws is to protect the rights of authors and inventors by the grant of limited term statutory monopolies. Two main rationales underpin these monopolies: (a) the need to reward creators for the time and ef...

Published by Gus Skavronskas
10 October, 2023
Litigation and Dispute Resolution

Reminder: Check your standard form contracts – one month until amendments come into force

The Australian Consumer Law (ACL) is a national law that, amongst other things, includes protections for consumers and small businesses when buying goods and services in Australia. The ACL includes a regime in relation to 'unfair contract terms' (UCT...

Published by Justin Pennay
9 October, 2023
Estate Planning

When blood isn’t thicker than water: NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children’s share

The recent decision of McGuire bht McGuire v New South Wales Trustee and Guardian [2023] NSWSC 1013 provides helpful guidance on the eligibility of a de facto partner to receive a family provision order as well as the matters a Court considers when m...

Published by Andrew Lacey
6 October, 2023
Litigation and Dispute Resolution

Canadian Court elevates thumbs-up emoji to signature status

In June 2023, a Canadian Court in South-West Terminal Ltd v Achter Land and Cattle Ltd, 2023 SKKB 116, held that the "thumbs-up" emoji carried enough weight to constitute acceptance of contractual terms, analogous to that of a "signature", to establi...

Published by Foez Dewan
29 August, 2023
Litigation and Dispute Resolution

Expert evidence – The letter of instruction and involvement of lawyers

The recent decision in New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim) has provided some useful guidance in relation to briefing experts in litigation.

Published by Justin Pennay
10 August, 2023
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