Journal of Civil Litigation and Practice update: Vol 9 Pt 4
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Concepts of Loss and Proving Hypotheticals in Misleading or Deceptive Conduct” – Benjamin Teng and Andrew Simpson; and “Once Privileged, Always Privileged? An Exploration into the Applicability of Legal Professional Privilege to Inquisitorial Proceedings in New Zealand” – James Anson-Holland. Also in this Part are the following sections: Editorial: “A Civil Case Made Notable by the Notoriety of a Criminal Case: Burnett v International Insurance Co of Hanover Ltd” – Roderick Joyce QSO QC; and “Disregarding the Pleadings at Trial” – Michael Legg; Case Notes: “The Stema Barge II – ‘Manager’ or ‘Operator’?” – Kate Rouch; and “Privacy – Celebrity and Personal Correspondence in the United Kingdom High Court: HRH The Duchess of Sussex v Associated Newspapers Ltd” – Lydia Wilson; and Court Watch: “Bias and Procedural Fairness at Trial” – Bernard Cairns.
Journal of Civil Litigation and Practice update: Vol 9 Pt 3
The latest Part of the Journal of Civil Litigation and Practice includes the following articles: “Legislating for Common Sense: The Case for (Re)Enacting Pt 2A of the Civil Procedure Act 2005 (NSW)” – John Woodward; and “After the Event Insurance and Security for Costs: Inconsistency in the Australian Approach” – Daniel Meyerowitz-Katz. Also in this Part are the following sections: Editorial: “Briginshaw and Finding Serious Allegation Proved on the Balance of Probabilities” – Michael Legg; and “The Civil Standard of Proof in New Zealand” – Roderick Joyce QSO QC; and Case Notes: “The Federal Court of Australia Limits Orders for Security for Costs in Industrial Class Actions” – Daniel Moloney and Corey Byrne; and “Supreme Court Orders First Opt-Out Class Action in New Zealand: Southern Response Earthquake Services Ltd v Ross” – Nikki Chamberlain.
Journal of Civil Litigation and Practice update: Vol 9 Pt 2
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.
Journal of Civil Litigation and Practice update: Vol 9 Pt 1
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.
Journal of Civil Litigation and Practice update: Vol 8 Pt 4
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.
Journal of Civil Litigation and Practice update: Vol 8 Pt 3
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.
Journal of Civil Litigation and Practice update: Vol 8 Pt 2
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.
Journal of Civil Litigation and Practice update: Vol 8 Pt 1
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.
Journal of Civil Litigation and Practice update: Vol 7 Pt 1 (Special Issue: Class Actions)
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.
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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.