The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Digital Property Revisited” – David J Harvey; and “Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782” – Joshua Kang and Michael Legg. Also in this Part are the following sections: Editorial: “A Significant COVID-19 Court Case” – Roderick Joyce QSO QC; and “The COVID-19 Pandemic and Courts as Essential Services” – Michael Legg; and Case Notes: “Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting” – Jeremy Quan-Sing, Jonathan Light and Caroline Swartz-Zern; and “Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd” – Brittany Rorrison and William Fotherby.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged A Significant COVID-19 Court Case, articles, Assistance to foreign and international tribunals and to litigants before such tribunals, ature of property in the Digital Paradigm, Brittany Rorrison, Caroline Swartz-Zern, case notes, Company Insolvency, computer crimes provisions, Crimes Act 1961 (NZ), cryptocurrencies, David J Harvey, depositions, digital data, digital material, Digital Property Revisited, discovery, Dixon v The Queen, document discovery, Drawing a Line in the Sand – Private International Commercial Arbitrations and United States Judicial Assistance Pursuant to 28 USC § 1782, Editorial, Inghams Enterprises v Hannigan – Do Not Play Chicken with Imprecise Drafting, JCivLP, Jeremy Quan-Sing, Jonathan Light, Joshua Kang, Louise Beange, Michael Legg, Professor Michael Legg, Proprietary Rights to Fish: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd, Roderick Joyce QSO QC, subpoenas, The COVID-19 Pandemic and Courts as Essential Services, whether or not there can be property in the contents of files on a computer and hard drive including emails, William Fotherby |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Artificial Intelligence and Litigation – Future Possibilities” – Don Farrands; and “The Impact of Self-represented Litigants on the Administration of Justice in the Federal Court of Australia” – Emma Garrett. Also in this Part are the following sections: Editorial Comments on “COVID-19 and Online Courts” – Michael Legg and “The Seven Tenets of Civil Justice” – Roderick Joyce QSO QC; Case Notes: “Morality in Price Fixing: Lodge Real Estate Ltd v Commerce Commission” – Stephen Rankin; and New Zealand Watch: “Courts and COVID-19: Delivering the Rule of Law in a Time of Crisis” – David Harvey.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged articles, artificial intelligence (AI), Artificial Intelligence and Litigation – Future Possibilities, Case Note, cost-effective dispute resolution, Courts and COVID-19: Delivering the Rule of Law in a Time of Crisis, COVID-19 and Online Courts, David Harvey, discovery analysis, Don Farrands, Editorial, Emma Garrett, human intelligence, JCivLP, legal research analytics, Louise Beange, Morality in Price Fixing: Lodge Real Estate Ltd v Commerce Commission, New Zealand Watch, predictive outcome analysis, Professor Michael Legg, reducing cost of litigation, resolving small claims and private treaty disputes, Roderick Joyce QSO QC, Stephen Rankin, The Impact of Self-represented Litigants on the Administration of Justice in the Federal Court of Australia, The Seven Tenets of Civil Justice, Tribunal decision-making |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation Funding of Class Actions Approved in Queensland while Maintenance and Champerty Remain the Law” – Wayne Attrill; and “Documents Within Reach: Discovery “Powers”” – Alexander Sloan. Also in this Part are the following sections: Editorial Comments on “Lawyers to Be Able to Take Percentage of Class Action Damages in Victoria but Questions Remain” – Michael Legg and “”People Who Live in Glass Houses”: Fearn v Tate Gallery Board of Trustees” – Roderick Joyce, QSO, QC; and Case Notes: “The End of the Chorley Exception in Australia: Bell Lawyers Pty Ltd v Pentelow” – Benjamin Teng and “Craig v Williams: Allegations of Apparent Bias” – Matthew Mortimer.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged “People Who Live in Glass Houses”: Fearn v Tate Gallery Board of Trustees, Alexander Sloan, Article, Benjamin Teng, Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd, case notes, Craig v Williams: Allegations of Apparent Bias, Documents Within Reach: Discovery "Powers", Editorial, JCivLP, Lawyers to Be Able to Take Percentage of Class Action Damages in Victoria but Questions Remain, Litigation Funding of Class Actions Approved in Queensland while Maintenance and Champerty Remain the Law, Louise Beange, Matthew Mortimer, Murphy Operator v Gladstone Ports Corp (No 4), Professor Michael Legg, Roderick Joyce QSO QC, The End of the Chorley Exception in Australia: Bell Lawyers Pty Ltd v Pentelow, Wayne Attrill |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Piloting Online Dispute Resolution Simulations for Law Students Studying Alternative Dispute Resolution: A Case Study Using Modria Software at Victoria University” – Nussen Ainsworth, Colin Rule and John Zeleznikow; and “Using ADR Techniques to Enhance the Integrity and Utility of Expert Evidence” – Fleur Y Kingham. Also in this Part are the following sections: Editorial Comments on “Barristers’ Fees – a Reaffirmation of Traditional Obligations in New Zealand” – Roderick Joyce QSO QC and “Case Management and Judicial Bias” – Michael Legg; and Case Notes: “Apparent Authority in the Privy Council: East Asia Company Ltd v PT Satria Tirtatama Energindo” – William Fotherby.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged ADR Techniques, alternative dispute resolution, Apparent Authority in the Privy Council, Barristers’ Fees, Case Management and Judicial Bias, Case Note, Colin Rule, Court Managed Expert Evidence (CMEE), Dimos v Hanos, East Asia Company Ltd v PT Satria Tirtatama Energindo, Editorial, Enhancing the Integrity and Utility of Expert Evidence, Fleur Y Kingham, JCivLP, John Zeleznikow, law students, Louise Beange, McGuire v New Zealand Law Society, Michael Legg, Modria Software, Nussen Ainsworth, Online Dispute Resolution Simulations, Roderick Joyce QSO QC, Traditional Obligations in New Zealand, Victoria University, William Fotherby |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “An Argument for Abolishing the Right to Civil Appeal” – Mark J Rankin; and “Representative Party Standing and Sub-Groups in New South Wales Class Actions” – Michael Legg and Laura Uptin. Also in this Part are the following sections: Editorial Comments on “Costs” – Michael Legg and “What Did the Court Actually Say? – Judicial Clarity” – Roderick Joyce QSO QC; and Case Notes: “Suing Unknown Defendants: Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6, [2019] 1 WLR 1471” – William Fotherby and “Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd [2018] NSWSC 1997 (21 December 2018)” – Jeremy L Harrison.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged [2019] 1 WLR 1471, Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6, case notes, distinction between final and interlocutory orders, Editorial, Fernandez v New South Wales [2019] NSWSC 255, First Annual BAILII, His Honour Garling J, JCivLP, Jeremy L Harrison, Justice Kós, Laura Uptin, legal fees in common law jurisdictions, litigation costs, Lord Neuberger, Louise Beange, Mark J Rankin, Michael Legg, New South Wales Class Actions, No Judgment – No Justice, R (on the application of Gina Miller) v The Prime Minister, Right to Civil Appeal, rights to appeal, Roderick Joyce QSO QC, Sargeant v FSS Trustee Corporation and MetLife Insurance Ltd [2018] NSWSC 1997, The Scotch Whisky Association v The Mill Liquor Save Ltd, William Fotherby |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Court Review of the Decisions of the Australian Financial Complaints Authority and Its Predecessors” – Ian Ramsay and Miranda Webster; and “Legal Professional Privilege in the Third-Party Funding Context” – Nathan Landis. Also in this Part are the following sections: Editorial Comments on “The Courts and Our Daily Lives” – Roderick Joyce QSO QC and “Technology and Civil Justice” – Michael Legg; Case Notes: “Newling v FSS Trustee Corp (No 2) [2018] NSWSC 1405” – Jeremy L Harrison; and Book Review: “Friston on Costs (3rd Ed), by Mark Friston” – Roger Quick and Stephen Warne.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged book review, case notes, court review of AFCA decisions, Editorial, Friston on Costs (3rd Ed), Ian Ramsay, JCivLP, Jeremy L Harrison, legal professional privilege, Louise Beange, Mark Friston, Michael Legg, Miranda Webster, Nathan Landis, Newling v FSS Trustee Corp (No 2) [2018] NSWSC 1405, Roderick Joyce QSO QC, Roger Quick, Stephen Warne, third-party funding in civil litigation |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Evaluating Damages in Shareholder Class Actions for Misleading Conduct and Breach of Disclosure Duties” – Lynsey Edgar; and “The Future of Law” – Sir Geoffrey Vos. Also in this Part is the editorial and the following sections: Commentary: “The Woolf and Jackson Reforms” – Roger Quick; Case Notes: “Morris-Garner v One Step (Support) [2018] 2 WLR 1353; [2018] UKSC 20: Negotiating (Or ‘Wrotham Park’) Damages for Breach of Contract” – William Fotherby; “Durie v Gardiner: New Zealand’s New Public Interest Defence to Defamation Claims” – Thomas McKenzie.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged case notes, Commentary, damages for breach of contract, damages in shareholder class actions, Durie v Gardiner, Editorial, JCivLP, Louise Beange, Lynsey Edgar, misleading conduct and breach of disclosure duties, orris-Garner v One Step (Support) [2018] 2 WLR 1353; [2018] UKSC 20, Professor Michael Legg, public interest defence to defamation claims, Roderick Joyce QSO QC, Roger Quick, Sir Geoffrey Vos, the future of law, Thomas McKenzie, William Fotherby, Woolf and Jackson reforms |
This issue of the Journal of Civil Litigation and Practice is a Special Issue focused on “Class Actions”. Against the backdrop of the ALRC and VLRC inquiries into class actions and litigation funding currently underway, this very timely issue covers the following articles: “Class Actions: Historical Highlights” – John Basten; “Class Action Commencement in Australia: A Practical Approach” – Nick Beaumont SC; “The Use and Abuse of Security for Costs in Class Actions” – Peter Cashman; “Competing Class Actions: A Suggested Solution through Certification” – Michael Legg; and “Cost Effectiveness and Case Management in Class Action Settlements” – Samuel J Hickey and Michael Legg.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged "This is Who I Am and This is How I Want to Look", after the event (ATE) insurance policies, Australian Law Reform Commission (ALRC), Class Actions Under the Spotlight, class actions: historical highlights, cost effectiveness and case management in class action settlements, Editorial, JCivLP, John Basten, Lifeplan Australia Friendly Society Ltd v S&P Global Inc [2018] FCA 379, litigation funding, Michael Legg, Nick Beaumont SC, Peter Cashman, Pt IVA of the Federal Court of Australia Act 1976 (Cth), Roderick Joyce QSO QC, Samuel J Hickey, security for costs in class actions, UNSW CLE Seminar "Class Actions – A Close Examination of the Key Issues" |
Thomson Reuters is extremely pleased to announce that Professor Michael Legg has joined the Journal of Civil Litigation and Practice as its new Co-General Editor, working alongside the current General Editor Roderick Joyce QSO QC. A Professor of Law at UNSW Sydney, Michael is the Director of the IMF Bentham Class Actions Research Initiative at UNSW Law, and Director of the Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream in the Allens Hub for Technology, Law and Innovation at UNSW Law, having played a key role as the academic committee member on the ground-breaking FLIP Report launched by the Law Society of New South Wales in March 2017. The Journals Team warmly welcomes Professor Legg to the Journal looks forward to his insights and ideas in helping readers to navigate the current and future landscape of civil litigation and procedure in Australia and beyond.
Posted in Journal of Civil Litigation and Practice (JCivLP), News & Insight, Uncategorized | Tagged Allens Hub for Technology Law and Innovation, FLIP Report, JCivLP, Journal of Civil Litigation and Practice (JCivLP), Law Society of NSW Future of Law and Innovation in the Profession (FLIP), Professor Michael Legg, Roderick Joyce QSO QC, The Future of Australian Legal Education Conference, UNSW Sydney |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Comparison of the Law Concerning Implied Terms of Good Faith in Australia and in England” – Lara Jane Piercy; “Exceptions to the ‘Inglis Price’: In Practice” – Katja Levy and Richard Douglas; and “Caution: Tweet at Your Own Risk – Social Media and the Australian Legal Profession” – Marilyn Bromberg and Andrew Ekert. Also in this Part is the editorial Comment and the following section: Case notes: “Abuse of Process Following Discontinued Proceedings: Tyne (Trustee) v UBS AG (No 2) (2017) 250 FCR 341; 341 ALR 415; [2017] FCAFC 5” – Louise Beange; “Virk Pty Ltd (In Liq) v YUM! Restaurants Australia Pty Ltd: Good Faith, Reasonableness and Unconscionability in Franchise Agreements” – Nick Christiansen and Jia Lee; and “Worldwide Interlocutory Orders Against Foreign Defendants Who Elect Not to Appear: X v Twitter Inc [2017] NSWSC 1300” – Annabel Clemens.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged Andrew Ekert, Annabel Clemens, case notes, Chamberlain v Minister of Health, Editorial, ethical duties regarding social media, exceptions to Inglis price, financial support for home care of severely disabled, good faith in English contract law, interlocutory injunction, JCivLP, Jia Lee, Katja Levy, Lara Jane Piercy, Louise Beange, Marilyn Bromberg, Nick Christiansen, online behavioural targeting advertising, Richard Douglas, Roderick Joyce QSO QC, term of good faith in Australian contract law, Tyne (Trustee) v UBS AG (No 2) (2017) 250 FCR 341; 341 ALR 415; [2017] FCAFC 5, unconscionability in franchise agreements, unintended retainers, unqualified persons misrepresenting selves as lawyers, Virk Pty Ltd (In Liq) v YUM! Restaurants Australia Pty Ltd, X v Twitter Inc [2017] NSWSC 1300 |
Journal of Civil Litigation and Practice update: Vol 7 Pt 3
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Evaluating Damages in Shareholder Class Actions for Misleading Conduct and Breach of Disclosure Duties” – Lynsey Edgar; and “The Future of Law” – Sir Geoffrey Vos. Also in this Part is the editorial and the following sections: Commentary: “The Woolf and Jackson Reforms” – Roger Quick; Case Notes: “Morris-Garner v One Step (Support) [2018] 2 WLR 1353; [2018] UKSC 20: Negotiating (Or ‘Wrotham Park’) Damages for Breach of Contract” – William Fotherby; “Durie v Gardiner: New Zealand’s New Public Interest Defence to Defamation Claims” – Thomas McKenzie.