Not so fair after all: Further non-grey list clauses that might fall foul of the UCT regime
28 June 2023
In this post, we look at extraneous contractual term clauses and collection of data clauses and UCT risks.
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Australia
Using the shield: Practical tips to managing privilege as inhouse counsel
19 June 2023
Privilege is a cornerstone of the legal profession and protecting it is vital to inhouse counsel. Every lawyer knows what privilege means and the consequences of inadvertent waiver. But do their internal clients, who often aren’t lawyers? This post explores what privilege is and provides practical tips for inhouse counsel to ensure it is preserved.
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New ACICA Rules 2021 – what’s changed and why it matters for in-house counsel?
15 September 2021
The new ACICA Rules 2021 including changes to multi-contract provisions, consolidation, joinder, med-arb and efficiency.
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Clicking ‘Yes, I agree’: Internet terms of use and arbitration agreements
10 September 2021
Always read the terms and conditions: Court considers internet terms of use and arbitration agreements in Dialogue Consulting v Instagram Inc
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Appealing domestic arbitral awards in Australia: not opting out is not opting in
3 December 2020
This article provides a summary of Jacobs Group v Commonwealth Australia and its implications on the appeal of domestic arbitral awards in Australia
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Case update: Full Joy Foods v Australian Dairy Park
3 December 2020
This article summarises the Court's approach in Full Joy Food v Australian Dairy Park on whether a party has a reasonable opportunity to present its case
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Your honour, help! We need a non party to give evidence in a foreign based arbitral proceeding
21 August 2020
This article examines the judicial assistance in obtaining evidence from non-parties for foreign‑based arbitral proceedings across jurisdictions
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Tipping point: considering the impacts of litigation funding in Australia
21 June 2020
Is litigation funding tampering with the scales of justice? We have four recommendations to reform litigation funding in Australia.
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Shots fired at “gun jumping” cartel
6 March 2019
Cryosite has been ordered by the Federal Court to pay $1.05 million in penalties in Australia's first “gun jumping” cartel conduct case.
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Big data, big risk – investing in a “largely theoretical” industry
24 February 2017
Between 31 May 2012 and 26 March 2013, an Australian husband and wife (Mr and Ms Vinson), through their self-managed superannuation funds, invested $1,250,000 and $1,625,000 respectively in a company that never earned any operating revenue.
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