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.
Welcoming Professor Michael Legg as co-General Editor for Journal of Civil Litigation and Practice
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.
Journal of Civil Litigation and Practice update: Vol 6 Pt 4
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.
Journal of Civil Litigation and Practice update: Vol 6 Pt 3
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.
Journal of Civil Litigation and Practice update: June 2016
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.
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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.