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Litigation and Dispute Resolution

Understanding Proportionality in Legal Costs: Insights from Shallhoub v Johnson

The recent case of Shallhoub v Johnson [2023] NSWDC 555 is an important reminder that proportionality is a consideration in both the conduct of litigation and the assessment of legal costs to be awarded and paid post litigation.

Published by Justin Pennay
24 July, 2024
Litigation and Dispute Resolution

Interlocutory injunction: Practical tips

The interlocutory injunction is a key tool in a litigant's arsenal for protecting their legal interests before the final determination of proceedings.

Published by Andrew Lacey
4 July, 2024
Litigation and Dispute Resolution

I’ve been served with a Subpoena: What do I do?

A subpoena is an important legal document that should not be ignored. Best practice as a third party caught up in a dispute required to produce documents is to reach out to our litigation and dispute resolution team.

Published by Justin Pennay
23 May, 2024
Litigation and Dispute Resolution

Federal Court Records First Civil Penalty for Misuse of the PPSR

In Registrar of Personal Property Securities v Brookfield [2024] FCA 29, the Federal Court of Australia has recorded the first civil penalty for improper registration on the Personal Property Securities Register since the register was established in ...

Published by Andrew Lacey
8 May, 2024
Litigation and Dispute Resolution

ASIC Crackdown on Director ID Requirement

On 19 March 2024, ASIC commenced its first prosecution against a director for contravening section 127C(1) of the Corporations Act for failing to have a director identification number.

Published by Chiara Rawlins
26 March, 2024
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
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