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 |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Litigation in the South Australian Fast Track Streams” – Jordan Tutton; “Bikies, Brothels and Big Insurers: The Stealth Litigation and its Ramifications” – Nicholas Saady and Nicholas Olson; and “Meaningful Access to Justice for Everyday Legal Problems: New Research on Consumer Problems Among Canadians” – Lesley Jacobs and Matt McManus. Also in this Part is the editorial Comment and the following sections: Court watch: “Abuse of Process” – Bernard Cairns; and Case notes: “Internet Exceptionalism in Canada – Equustek and Globe24h.com” – Judge David Harvey. There is also a book review on “Advocacy and Judging: Selected Papers of Murray Gleeson” by Roderick Joyce QSO QC.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged abuse of process, Advocacy and Judging: Selected Papers of Murray Gleeson, book review, Canadian Forum on Civil Justice, case notes, champerty, Court watch, disputes in the South Australian District and Supreme Courts, Domenic Cucinotta, Dr Bernard Cairns, Editorial, Equustek, Globe24h.com, Insurance Contracts Act 1984 (Cth), Insurance Contracts Act ss 21 and 28, internet exceptionalism in Canada, JCivLP, Jordan Tutton, Judge David Harvey, legal problems in consumer purchases in Canada, Lesley Jacobs, litigation funding and maintenance, litigation in the South Australian Fast Track Streams, Matt McManus, Nicholas Olson, Nicholas Saady, Roderick Joyce QSO QC, Stealth Enterprises Pty Ltd t/as The Gentlemen’s Club v Calliden Insurance Ltd |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “From Susskind to Briggs: Online court approaches” – David Harvey; “Validity of asymmetric jurisdiction agreements in England, Australia and New Zealand” – David Birch; and “Mediator standards of conduct: A commentary to the revised National Mediator Accreditation System Practice Standards” – Bobette Wolski. Also in this Part are the editorial Comments and the following sections: Case notes: Aircraft Support Industries Pty Ltd v William Hare UAE LLC (2015) 298 FLR 183; [2015] NSWCA 229 – by James Argent; and Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 90 ALJR 228; [2015] HCA 43 – by Domenic Cucinotta and James Argent.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged Aircraft Support Industries Pty Ltd v William Hare UAE LLC, artificial intelligence systems, asymmetrical jurisdiction clause, Bobette Wolski, Brussels I bis Regulation (BIbis), Comments, cross-border transaction, David Birch, David Harvey, defective building cladding, Domenic Cucinotta, Dr Damien Cremean, Firebird Global Master Fund II Ltd v Republic of Nauru, James Argent, JCivLP, Lord Justice Briggs, manufacturers’ liability, National Mediator Accreditation System Practice Standards, NMAS, Online Court, Professor Richard Susskind, Roderick Joyce QSO QC, similar fact evidence |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Class actions in New Zealand: The necessity for introducing a class action regime” – Chris Patterson; “Security for costs for corporate plaintiffs: Is constrained judicial discretion impeding access to justice?” – Rebecca Wheeler; and “Exploring eCourt innovations in New South Wales civil courts” – Philippa Ryan and Maxine Evers. Also in this Part are the editorial Comments and the following sections: Court watch: “The overarching objective in practice” – Dr Bernard Cairns; and Case note: Kings College Hospital NHS Foundation Trust v C [2015] EWCOP 80; Seales v Attorney General [2015] NZHC 1239 – by William Fotherby.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged access to justice, assisted suicide, AYW v AYX [2015] SGHC 312, Case Note, Chris Patterson, class action regime, Comments, corporate plaintiffs, Court watch, Damien J Cremean, Donald Trump, Dr Bernard Cairns, Dr Damien Cremean, electronic filing, JCivLP, Kings College Hospital NHS Foundation Trust v C [2015] EWCOP 80; Seales v Attorney General [2015] NZHC 1239, Maxine Evers, online pre-trial appearances, online registries and eCourts, overarching objective, Philippa Ryan, Rebecca Wheeler, right to refuse life-saving treatment, Roderick Joyce QSO QC, security for costs, Trump International Golf Club Scotland Ltd v The Scottish Ministers (Scotland) [2015] UKSC 74, William Fotherby |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “A trial of preliminary issues” – Katja Levy; and “From NW Frozen Foods to CFMEU via Ingleby and Barbaro: Changing judicial attitudes to ‘agreed’ civil penalties” – Grant Mason. Also in this Part are the following case notes: Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq) [2015] FCA 811 – by James Argent; Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 – by Domenico Cucinotta; and a presentation delivered at the Commercial Law Association Judges’ Series on 26 June 2015, Sydney: “Construction of contracts: The High Court’s approach” – by The Hon Justice Robert McDougall.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Update Summaries | Tagged agreed civil penalties, ASIC v Ingleby (2013) 39 VR 554; [2013] VSCA 49, Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2, Blairgowrie Trading Ltd v Allco Finance Group Ltd (Receivers & Managers Appointed) (in liq) [2015] FCA 811, case management rules, Comments, Commercial Law Association Judges' Series, construction of contracts, contractual penalties, Director, Dr Damien Cremean, Fair Work Building Industry Inspectorate v CFMEU (2015) 229 FCR 331; [2015] FCAFC 59, Grant Mason, JCivLP, Katja Levy, litigation funding, NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285, Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313, Roderick Joyce QSO QC, The Hon Justice Robert McDougall, trial of preliminary issues, trial of preliminary questions |
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “The litigation contract: The future roles of judges, counsel and lawyers in litigation” – Hon Marilyn Warren AC; “The application of statutory time limitation provisions by analogy to claims in equity’s exclusive jurisdiction” – Adrian O’Dea and Philippa O’Dea; and “A functional approach to teaching pleadings” – Margaret Castles. Also in this Part is a case note by Michael Legg, Greta Gingell and John Emmerig for the following case: Hodges v Waters (No 7) [2015] FCA 264.
Posted in Journal of Civil Litigation and Practice (JCivLP), Update Summaries | Tagged “plain vanilla” justice, Adrian O’Dea and Philippa O’Dea, analogy to claims in equity’s exclusive jurisdiction, application of analogous time bar, bribe money, Case Note, civil procedure, claim by a trustee and beneficiaries, class action settlement approval, collaboration, Comments, contract between Bench and profession, doctrine of tracing, Dr Damien Cremean, Gerace v Auzhair Supplies Pty Ltd (2014) 87 NSWLR 435; [2014] NSWCA 181, Greta Gingell, Hodges v Waters (No 7) [2015] FCA 264, Hon Marilyn Warren AC, interests of clients, interests of the administration of justice, JCivLP, John Emmerig, jurisdictional challenges; lawyers’ liability, law students, litigation contract, Michael Legg, outcome based teaching, purpose of pleadings, reliance on statutory limitation period by analogy, Roderick Joyce QSO QC, statutory time limitation provisions, strategies for teaching pleadings, Supreme Court (Vic), Supreme Court of New Zealand |
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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.