Litigation and Dispute Resolution
25th November 2013
By Rani John, Genevieve Rahman, Lara Hall
On 20 November 2013, the NSW Court of Criminal Appeal published its reasons for its decision on 17 July 2013 to quash Stuart Fysh’s convictions for insider trading, relating to the purchase of shares in Queensland Gas Company. We discuss the Court of Criminal Appeal’s decision.
7th November 2013
By Rani John, Alistair Schaefer
With the size and complexity of commercial litigation on the rise, and a corresponding increase in the size and complexity of discovery, it is an unfortunate reality that mistakes can sometimes occur during the discovery process.
23rd July 2013
By Steven Glass, Airlie Goodman
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dispute Resolution 2013, (published in June 2013; contributing editor: Simon Bushell of Latham & Watkins). For further information please visit www.GettingTheDealThrough.com.
10th July 2013
By Emanuel Confos, Colleen Platford, Paul McDonald
Are you aware of the law of good faith in Australia and how it can impact on contractual relations? We discuss whether contractual powers have to be exercised in good faith even if there is no express reference to good faith in a contract and how these implied good faith principles interact with termination rights.
27th March 2013
By Andrew Floro, Catherine Ellis
In TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia  HCA 5 (13 March 2013), the High Court has confirmed that arbitral awards are final, and can be enforced in the Federal Court of Australia.
6th February 2013
By Colleen Platford, Andrew Floro
The High Court of Australia has found that Google is not responsible for the content of third party ads displayed on its search results pages.
17th January 2013
By Crispian Lynch, Ash Walker
In a judgment that will be welcomed by both insurers and insureds, the New Zealand Court of Appeal has confirmed that, contrary to the first instance decision of the High Court of New Zealand in Bridgecorp, directors can access their Directors and Officers (D&O) insurance policies to cover defence costs in respect of claims which exceed the coverage under those policies.
23rd November 2012
By Andrew Floro, Matt Mackenzie, Joshua Ehrenfeld
The Federal Parliament passed new laws earlier this week to increase the monetary value of a “penalty unit” from $110 to $170. Penalty units are used as a standard measure to determine the financial penalties payable for a range of Commonwealth offences, including those contained in the Corporations Act 2001, the Competition and Consumer Act 2010 (CCA) and the Fair Work Act 2009. The CCA also contains offences which incur fixed pecuniary penalties, rather than a penalty calculated by reference to penalty units.
15th November 2012
By Rachel Launders, Andrew Floro, Joshua Ehrenfeld
On 12 November, 2012, the New South Wales Court of Appeal handed down its decision on penalties for the non-executive directors and company secretary/general counsel of James Hardie Industries Ltd (JHIL) in the latest decision in this long running litigation.
8th November 2012
By Colleen Platford
In the wake of Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq)  FCA 1028, which found investment bank Lehman Bros liable for losses arising out of synthetic collateralised debt obligations, the Federal Court has handed down another decision on the sale of the synthetic collateralised debt instruments widely credited with playing a critical role in causing the global financial crisis.
3rd October 2012
By Rani John, Charles Bogle, Lena Vanmali
On 2 October 2012, the High Court delivered the much anticipated final chapter in the litigation between Fortescue Metals Group Ltd (Fortescue) and ASIC. It unanimously held that Fortescue and Fortescue CEO Andrew Forrest did not contravene the Corporations Act (the Act) in connection with public statements that Fortescue had entered into “binding agreements” with several Chinese entities to build, finance and transfer railway, port and mine infrastructure in the Pilbara region.
26th September 2012
By Colleen Platford
In one of the first cases in the world to hold an investment bank liable for its conduct in the lead up to the global financial crisis, the Federal Court of Australia found last Friday that the Australian branch of Lehman Brothers, formerly Grange Securities, breached its fiduciary duty and engaged in misleading and deceptive conduct in its financial and investment advice to local Councils.
20th September 2012
By Andrew Floro, Matt Mackenzie
Jewellery Group, operator of retail jewellery store Zamel’s, was recently held to have engaged in misleading and deceptive conduct in relation to its use of “dual pricing” in a number of catalogues and flyers published between November 2008 and May 2010. The Court is yet to determine what relief it will grant, however the ACCC is seeking declarations and civil penalties against Jewellery Group.
10th September 2012
By Rani John
Partner Rani John discusses the outcome of the ANZ High Court decision.
8th August 2012
By Rani John, Elizabeth Avery, Peter Feros, Justine Cameron, Peter Giurissevich, Kaushalya Mataraaratchi
The Australian Chapter of the Second Edition of International Investigations Review outlines significant changes in enforcement matters in Australia. Reproduced with permission from Law Business Research Ltd.
2nd August 2012
By Steven Glass
Steven Glass discusses the risks in deregulating litigation funding with Clive Bowman, Executive Director of Australia’s largest litigation funder, IMF Australia.
24th July 2012
By Airlie Goodman, Steven Glass
The Australian chapter of Dispute Resolution 2012 was published as part of the Getting the Deal Through series. Accreditation: Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dispute Resolution 2012, (published in June 2012; contributing editor: Simon Bushell, Herbert Smith LLP). For further information please visit www.GettingTheDealThrough.com.
18th May 2012
By Steven Glass
With last week’s reported $200 million settlement of the long running Centro case, another opportunity for the courts to decide on the methodology for assessing damages in shareholder class actions has slipped away.
7th May 2012
By Andrew Floro, Rachel Launders, Kate Meikle
The High Court handed down two decisions on the James Hardie case last Thursday, which raise some interesting issues for companies and senior management, on how ASIC can be expected to conduct civil penalty proceedings, and potential exposure for senior management who may, without realising it, have liability as an “officer”, because of the role they carry out.
27th March 2012
By Andrew Floro, Stuart Brady, Paul McDonald
From Monday 26 March 2012 the Equity Division of the Supreme Court of New South Wales will not make orders for the discovery of documents in Court proceedings until the parties have served their evidence, unless there are exceptional circumstances necessitating such disclosure.