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The latest issue of the Journal of Civil Litigation and Practice (Volume 4 Part 1) contains the following material:

COMMENTS

CASE NOTESDomenic Cucinotta

  • Giedo van der Garde BV v Sauber Motorsport AG (2015) 294 FLR 367; [2015] VSC 80: The need for speedy enforcement
  • Selig v Wealthsure Pty Ltd (2015) 89 ALJR 572; [2015] HCA 18: High Court of Australia limits federal proportionate liability regimes to misleading or deceptive conduct
  • Re Felicity (No 4) [2015] NSWCA 19: Costs orders against a solicitor for serious incompetence

Articles

Commercial litigation in Australia: An empirical study Asjeet S Lamba and Ian Ramsay

This article examines litigation events (litigation initiations, settlements and judgments) involving companies listed on the Australian Securities Exchange for the period 1993-2009 (17 years). The issues investigated include when the litigation was initiated, settled or resulted in a court judgment; the type of legal issue that was litigated; the size of the legal claim and the amount of the settlement or judgment; the time between the initiation of the legal claim and its settlement or court judgment; and the size and the industry of the companies involved in the litigation.

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Communications by counsel Richard Lilley and Justin Carter

Freedom of communication between counsel has historically encouraged the efficient administration of justice promoted by independent barristers. Given the expansion of rights of audience in the courts, barristers must communicate both between themselves and with others, including solicitor advocates and self-represented litigants. This article considers the admissibility into evidence of the content of statements made by counsel in the course of such communications at common law, and the professional obligations attendant upon counsel communicating with each other, with solicitor advocates and self-represented litigants, and with the courts in relation to those communications. This article considers the existing framework of professional rules, as well as comparative provisions in other jurisdictions, to assess the existing state of professional obligations as to reliance on communications by counsel and the repetition of those communications to a relevant tribunal, to evaluate the usefulness of a new professional rule that deals with the subject.

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For the pdf version of the table of contents, click here: JCivLP Vol 4 No 1 Contents

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