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The latest issue of the Journal of Civil Litigation and Practice<\/em> (Volume 11 Part 3) contains the following material:<\/p>\n EDITORIAL \u2013 AUSTRALIA<\/a> \u2013 General Editor: Professor Michael Legg<\/em><\/p>\n EDITORIAL \u2013 NEW ZEALAND<\/a> \u2013 General Editor: Roderick Joyce QSO KC<\/em><\/p>\n The Assessment by Courts of the Appropriateness of Agreed Penalties in Civil Penalty Proceedings<\/strong><\/em><\/a> \u2013 Lloyd Freeburn and Ian Ramsay<\/p>\n There is a longstanding debate about the approach the courts should adopt in civil penalty proceedings when considering submissions from parties proposing an agreed penalty. This debate is reflected in the views of some commentators and some judges that courts too readily accept these submissions, leading to suggestions that courts \u201crubber stamp\u201d agreed penalties. The approach courts should adopt has been stated by the High Court in Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate <\/em>and, more recently, by the Full Federal Court in Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission<\/em>. The authors examine the debate about the courts\u2019 role in assessing agreed penalties, including the important public policy considerations that lie on both sides of the debate. They also consider all agreed civil penalty cases since the Full Federal Court decision. They observe that it is only in rare cases that agreed civil penalties are rejected by the courts. The authors argue that concerns about whether courts too readily approve agreed penalties can be addressed by clearer application of the test adopted by the High Court.<\/p>\n Ethical and Effective Witness Preparation<\/strong><\/em><\/a> \u2013 Michael Legg<\/p>\n The aim of witness preparation is to efficiently adduce relevant and reliable evidence. A witness is a potential source of facts, and as a result evidence, for establishing or defending a party\u2019s claims. As a result effective witness preparation is a key step in litigation. However, witness preparation also involves ethical dilemmas. This article provides practical and ethical guidance as to witness preparation through 10 key lessons or steps.<\/p>\n CASE NOTE \u2013 NEW SOUTH WALES<\/a> \u2013 Editor: Michael Legg<\/em><\/p>\n CASE NOTE \u2013 UNITED KINGDOM<\/a> \u2013 Editor: Michael Legg<\/em><\/p>\n For the PDF version of the table of contents, click here: New Westlaw Australia – JCivLP Vol 11 No 3 Contents<\/a>.<\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
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