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Organisations that do not provide websites accessible to disabled persons risk disability discrimination claims. Partner Belinda Thompson and Senior Associate Joanna Musk report on best practice guidelines issued by the Australian Human Rights Commission (formerly the Human Rights and Equal Opportunity Commission) to assist organisations to achieve accessibility

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In a decision handed down last week relating to the Centro class actions, the Federal Court's Justice Finkelstein proposed a new approach to managing multiple class actions - an independently selected litigation committee comprised of class members. The judge stated that a 'litigation committee is the best vehicle to provide the groups' views' and that the court should take this into account when making decisions affecting the operation of class actions

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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications.

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A recent Victorian Supreme Court decision provides an important reminder that third party communications that are privileged from production in federal courts may not be similarly privileged in state courts, particularly in Victoria. Partner Belinda Thompson, Senior Associate Andrew Maher and Lawyer Mark Farquhar explain

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The High Court recently handed down its judgments in two cases concerning the right of taxpayers to challenge decisions of the Commissioner of Taxation. Partner Malcolm Stephens, Senior Associate Chris Peadon and Lawyer Pouyan Afshar of our Tax Dispute Group discuss the effect of these decisions

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In September 2007, we reported on the progress of the agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's courts. This milestone agreement led to the Mainland Judgments (Reciprocal Enforcement) Bill being passed by the Hong Kong Legislative Council and the PRC Supreme People's Court Judicial Interpretation being issued on 3 July 2008. Partner Simon McConnell, Senior Associate Mun Yeow and Trainee Solicitor Stanley Li look at this latest development

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The Australian Securities & Investments Commission has just updated its regulatory guide on 'no-action letters'. This is the first major update of the policy since its release in 1996 and although it does not signal a significant shift in policy, it clarifies ASIC's approach in determining whether to issue a no-action letter and it also addresses the issue of 'class' no-action letters. Partner Matthew McLennan and Senior Associate Stephanie Wee look at Regulatory Guide 108 and what it means

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The Western Australian Court of Appeal recently held that an arbitration clause in a contract did not cover a related dispute between the contracting parties where the dispute also involved the liability of a third party. This arguably goes against the general trend of a broader interpretation of arbitration clauses. Senior Associate Brian Millar and Law Graduate Clara Wren look at the decision and its implications

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In the final instalment of our three-part series on the Victorian Law Reform Commission's recent report into the reform of the Victorian civil justice system, Partner Peter O'Donahoo and Lawyers Eloise Dias and Rebecca Semple review recommendations for pre-trial examinations and the discovery process

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The Administrative Review Council has recently released a report outlining a range of 'best practice' principles it proposes government agencies should adopt when exercising their coercive information-gathering powers. Partner-elect Richard Harris, Senior Associate Chris Peadon and Lawyer James Windon discuss the report's key recommendations and their potential impact

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In the second of our three-part series considering the recommendations made in the Victorian Law Reform Commission's report into the reform of the civil justice system, Partner Nick Rudge and Senior Associate Abby Gill consider the reforms proposed in the area of expert evidence

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The Supreme People's Procuratorate and the Ministry of Public Security have jointly announced new rules to regulate the stock, securities and futures markets and to combat securities fraud in the People's Republic of China. Partner Simon McConnell and Senior Associate Mun Yeow look what the new regulations mean

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The Victorian Law Reform Commission has conducted a wide-ranging review of the Victorian civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. Following a lengthy consultation process with stakeholders and the release of two exposure drafts, the VLRC released its Civil Justice Review report on 28 May 2008. Partner Peter O'Donahoo and Senior Associate Susie Stone explore some of the more contentious proposals on class actions and litigation funding

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In April this year, the United Nations Special Representative on Business and Human Rights, Professor John Ruggie, released a report that aims to provide an international framework for action on the role of corporations in respect of human rights. If the report is adopted by the United Nations Human Rights Council in June, it will be the first time that an official position on corporate human rights responsibilities will have been adopted at the international level

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A recent Federal Court pre-trial decision in a high-profile discrimination claim by a former partner of a large accounting firm has potentially significant ramifications for all lawyers, and particularly in-house lawyers. Partner Leighton O'Brien, Partner-elect Richard Harris and Senior Associate Lucas Shipway report

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A new Federal Court practice for tax appeals will impact on the way in which taxpayers deal with tax disputes. Partners Grant Cathro and Michael Quinlan and Senior Associate Chris Peadon discuss the new practice note and its implications for the conduct of an appeal and preparation during the objection and audit process

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The Securities and Futures Commission of Hong Kong recently laid criminal charges over insider dealing activities for the first time. Partner Simon McConnell and Senior Associate Mun Yeow also look at some of the challenges to the Commission's powers of investigation and the resultant court cases

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The Hong Kong Department of Justice recently released its consultation paper and draft legislation for reforming Hong Kong's arbitration law. Partner Simon McConnell and Lawyer Kieran Humphrey discuss the background and likely impact of these reforms.

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The recent Victorian Court of Appeal decision in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd examined the distinction between 'normal' and 'consequential' loss for a breach of contract and held that lost profit was a consequential loss. Partner Nick Rudge and Articled Clerk John-Paul Santamaria report

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At the ceremonial opening of the 2008 legal year, Chief Justice Andrew Li said that justice reform legislation intended to change the civil rules and procedures will be operational by April 2009. Partner Simon McConnell and Senior Associate Mun Yeow look at the proposed changes

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The Full Federal Court has upheld Justice Finkelstein's decision at first instance that a represented group in class action proceedings in the Federal Court can be defined by the entry of group members into litigation funding agreements with a litigation funder. Partner Peter O'Donahoo, Senior Associate Duncan Travis and Articled Clerk Emily Austin report on the decision and its implications

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The High Court has handed down its reasons for the orders it made last year in the Alinta litigation. The court's reasons confirm that the Takeovers Panel has the power to declare 'unacceptable circumstances' based on contraventions of the Corporations Act 2001. Partners Paul Nicols and Andrew Finch and Senior Associate Chris Peadon report

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A recent High Court decision highlights the need to consider prior to entering into a commercial agreement, the circumstances in which such an agreement may be terminated, and to ensure that appropriate termination rights are then included. Partner Michael Ball and Senior Associate Chris Peadon report that doing so may avoid protracted litigation

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The Federal Government has released the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 for public comment. The draft Bill proposes two new criminal offences to deal with serious cartel conduct. Partner David Brewster, Lawyer Helen Anness and Law Clerk Maya Tal report

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Special Counsel Nicola Nygh and Lawyer Anna Brown comment on a recent Victorian Court of Appeal decision regarding the adequacy of reasons given in an arbitral award and the implications for parties in their choice of arbitral law and the exercise of appeal rights

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We recently reported on three decisions providing significant guidance on how the courts are likely to interpret the proportionate liability regimes in Australia. In a further decision, the Federal Court has confirmed that, although the proportionate liability regimes have effected significant change in the law in cases to which they apply, the regimes could not have been intended to create a cause of action where one did not previously exist

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Following its first set of draft civil justice reform proposals of 28 June 2007, the Victorian Law Reform Commission has now released an additional set of draft proposals in its second exposure draft report of 6 September 2007. Partner Peter O'Donahoo, Lawyer Susie Stone and Articled Clerk Adam Butt report

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The Australian Law Reform Commission has released its discussion paper outlining a range of proposals to overhaul the law around client legal privilege in the context of federal investigations. Partner Paul Nicols and Senior Associate Richard Harris outline some of the key proposals for reform and, in particular, the increased possibility that governments may legislate to abrogate privilege in certain circumstances

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On 20 September 2007, the Corporations and Markets Advisory Committee released its discussion paper: Shareholder Claims against Insolvent Companies - Implications of the Sons of Gwalia decision. In the Sons of Gwalia decision, the High Court held that a shareholder who had a misleading and deceptive claim could rank as an unsecured creditor

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The High Court has upheld a challenge to the validity of amendments made in 2006 to the Commonwealth Electoral Act 1918 (Cth) that disqualified all prisoners from voting. However, the court upheld the validity of the previous legislative regime, which denied the vote to prisoners serving sentences of three years or more. The case was brought by Ms Vickie Lee Roach, an indigenous Victorian prisoner.

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The Federal Court has again flagged difficulties associated with claims for privilege over communications between in-house lawyers and their internal clients. Partner Paul Nicols and Senior Associate Richard Harris report that the court has reiterated concerns about the ability of in-house lawyers to establish an 'appropriate' degree of independence to enable a claim for privilege to be made.

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The Victorian Law Reform Commission is currently undertaking a review of Victoria's civil justice system, with a view to reducing the cost, complexity and inefficiency of civil proceedings. As part of that review, the VLRC has released its draft civil justice reform proposals, which it set out in its exposure draft of 28 June 2007.

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In a 6:1 decision, the High Court has made it clear that 'derivative Crown immunity' may no longer protect a corporation from liability under the Trade Practices Act 1974 (Cth) for anti-competitive conduct when it is negotiating or contracting with government. Partner Fiona Crosbie and Senior Associate Kylie Virtue report

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The High Court of Australia has found that a roads authority did not owe a duty to young persons using a bridge to prevent them from jumping and being injured by the shallow water below. However, as Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the split decision muddies the waters around the circumstances in which appellate courts should overturn factual findings by lower courts

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Last year, we reported on a groundbreaking agreement signed in July 2006 by the governments of the Hong Kong Special Administrative Region and the People's Republic of China to implement laws to recognise the judgments of each other's courts. Legislative changes are now underway in Hong Kong to implement this arrangement. Partner Simon McConnell, Senior Associate Mun Yeow and Lawyer Amanda Andreazza look at the Mainland Judgments (Reciprocal Enforcement) Bill and its implications

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Partner Andrea Martignoni and Special Counsel Nicola Nygh explore whether parties to an arbitration can exclude the Trade Practices Act 1974 (Cth) by including an arbitration clause and a foreign choice of law provision in contracts

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The New South Wales Supreme Court's decision in Chandra & Anor v Perpetual Trustees Victoria Ltd & Ors casts further doubt on the value of the security afforded by all monies mortgages that are tainted by fraud. Partner Matthew Skinner and Lawyers Adrian Fisher and Georgia Price explain

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Partner Louise Jenkins and Articled Clerk Emily Austin review the recent Federal Court decision in Multiplex, which appears to indicate a growing acceptance by the courts of the role of litigation funding

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Senior Associate Brian Millar and Lawyer Jeremy Sher explain the new Singapore International Arbitration Centre Rules, which came into effect on 1 July 2007

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A recent trial in the United States provides a further sign that global companies need to be aware of the risks of international tort and human rights litigation being heard in US courts. Partner Annette Hughes and Lawyer Sam Cadman look at the case and its ramifications

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In the wake of the Cole report on the United Nations' Oil-for-Food Programme, the Commonwealth Government introduced the International Trade Integrity Bill 2007, which seeks to strengthen Australia's response to breaches of UN sanctions and bribery of foreign officials by Australian companies and individuals. On 1 August 2007, the Senate Legal and Constitutional Affairs Committee released a report recommending that the Bill be passed.

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The Federal Court has rejected ASIC's charges of conflict of interest and insider trading against Citigroup. Partner Michael Schoenberg, Lawyer Alex Danne and Articled Clerk Simon Sherwood report

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On 21 June 2007, the Australian Taxation Office released a practice statement setting out its policies and guidelines when conducting litigation. Partner Paul Nicols and Senior Associate Chris Peadon, both from our Tax Dispute Group, discuss the practical implications for taxpayers who are, or may become involved, in a dispute with the Tax Office

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A recent report by the Inspector-General of Taxation identifies problems with the Australian Tax Office's objectivity and fairness in administering service entity arrangements, reiterates that the ATO has a reluctance to admit fault, and concludes that the ATO has sidestepped fundamental principles of good tax administration. Partner Paul Nicols and Senior Associate Chris Peadon discuss why these findings are of concern to all taxpayers

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The NSW Court of Appeal has upheld earlier findings that Geoffrey Vines, a former chief financial officer of GIO Australia Holdings Ltd, contravened his duty of care in respect of profit forecasts made during a takeover bid. The judgment helps clarify the responsibilities of company executives, particularly when preparing profit forecasts during takeovers. Partner Jon Webster and Lawyer Christine Swan report

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Two recent releases from the Australian Securities and Investments Commission give us an insight into how the regulator attempts to respond flexibly to suspected breaches of the law. For business, however, this flexibility gives rise to what will often be a difficult choice: should the business fight ASIC or compromise and accept a 'softer' penalty? Partner Guy Foster and Senior Associate Matthew McLennan look at the two procedures

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Partner Matthew Skinner and Lawyer Julie-Anne Pearce report on a recent decision of the United States Supreme Court with potentially significant implications for greenhouse gas emitting industries

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The Federal Government has recently issued three discussion papers on corporate law reform, covering the insider trading laws, the sanctions regime for Corporations Act breaches and ASIC infringement notices for continuous disclosure contraventions. Senior Associate Matthew McLennan and Partners John Warde and Richard Spurio highlight the main issues in each paper

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The Australian Taxation Office has issued a revised Code of Settlement Practice, which provides guidance to ATO staff on tax dispute settlements. Partners Michael Quinlan and Ross Stitt, and Senior Associate Malcolm Stephens examine the new Code

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The Supreme Court of Victoria has launched a new e-litigation Practice Note. Partner Annette Hughes and Senior Associate Elizabeth Seddon look at the impact of technology on document management, how the court proposes to help lawyers and their clients deal with the challenges presented by e-litigation, and what companies should do as a consequence

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On 31 January, the High Court held that shareholders who have a claim against a company for misleading or deceptive conduct or breach of continuous disclosure obligations can prove in the administration or liquidation of the company, and will rank equally with unsecured creditors. Senior Associate Gabi Crafti and Partner Michael Quinlan report

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Reports this week that the Australian Securities and Investments Commission planned to spend $30 million to build a share-trading surveillance system to detect insider trading and market manipulation is the latest in a series of signs that the corporate regulators are set to pursue insider trading with increasing vigour. Partner Guy Foster and Senior Associate Matthew McLennan report

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The Australian Law Reform Commission will inquire and report on the role of legal professional privilege and its application to investigations by Commonwealth agencies. Partners Paul Nicols and Matthew Skinner and Lawyer Tim Holden report on Attorney-General Phillip Ruddock's recent announcement

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On 27 November 2006, the NSW Land and Environment Court handed down a landmark decision, finding that the developer of the proposed Anvil Hill coal mine had failed to adequately assess the climate change impacts of the mine. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the court's decision against the backdrop of an increasing awareness of the legal aspects of climate change

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In July 2006 the Victorian Parliament passed the Charter of Human Rights and Responsibilities Act 2006 (Vic). Although the Victorian Charter imposes new responsibilities on State Parliament, the courts and public authorities, its impact will also be felt by the private sector in a number of ways. Partner Peter O'Donahoo and Lawyer Emily Howie consider the implications for the private sector

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A raft of recent legislation creates a new offence of document destruction in the Crimes Act 1958 (Vic) and empowers Victorian courts and tribunals to make any ruling or order considered necessary to ensure fairness to all parties where a document is unavailable in a court proceeding. Partner Maryjane Crabtree, Senior Associate Duncan Travis and Lawyer Shelley Golden report on the content and implications of the new Acts

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In a recent WA Supreme Court case, a shareholder successfully sued a mining company for damages flowing from non-disclosure of price-sensitive information. Partner Guy Foster and Senior Associate Steven Fleming consider the Jubilee Mines case and its implications

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The governments of the Hong Kong Special Administrative Region and the Peoples' Republic of China have recently signed an agreement to implement laws which will recognise the judgments of each other's courts. Partner Simon McConnell and Senior Associate Mun Yeow look at the new arrangement

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Partner Peter O'Donahoo and Lawyer Susie Downie look at today's High Court decision in Campbell's Cash & Carry Pty Ltd v Fostif Pty Ltd with respect to litigation funding and consider the implications of that decision for third-party funded litigation in Australia

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We review some of the important local, regional and international arbitration cases

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The practice of third-party litigation funding has provoked considerable debate in Australia. A discussion paper released recently by the Standing Committee of Attorneys-General highlights some of the issues and concerns raised by third-party litigation funding and seeks comment on whether, and if so how, third-party litigation funding should be regulated. Partner Peter O'Donahoo and Lawyer Susie Downie report

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Litigants and their lawyers seem to increasingly use the press and the web as weapons in litigation. A recent decision of the Victorian Supreme Court considered a plaintiff's allegation that a defendant had brought such improper pressure on him to discontinue or settle proceedings as to constitute criminal contempt. Partner Michael Quinlan and Lawyer Gabi Crafti consider the judgment

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The Federal Government recently released the Inspector-General of Taxation's report into the Australian Taxation Office management of tax litigation. Partner Ross Stitt and Senior Associate Chris Peadon discuss the report's key findings, including that sometimes the ATO's over-emphasis on enforcement can compromise its objectivity and fairness in litigation, and the implications of the recommendations for corporate taxpayers

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A parliamentary inquiry into corporate responsibility in Australia, concluded in June, has attracted little attention despite several recent high-profile corporate collapses and scandals. The Corporate responsibility: Managing risk and creating value report that surfaced from the inquiry found that no major changes to the law were necessary.

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We report on four recent cases that provide important insights into the application of legal professional privilege in the context of freedom of information applications and commissions of inquiry, and the issue of waiver

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The escalating cost of public liability insurance has led to changes to the Trade Practices Act 1974. The amendments prevent individuals from recovering compensation for personal injuries and death under the TPA provisions that prohibit unfair practices in trade or commerce, including misleading and deceptive conduct. Partner Belinda Thompson and Law Clerk Alice Cope report

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The Crimes (Document Destruction) Act 2006 No. 6 (Vic), which creates a new offence of destruction of evidence, received Royal Assent on 4 April 2006. Partner Maryjane Crabtree, Lawyer Duncan Travis and Articled Clerk Shelley Golden discuss some of the Act's potential implications

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In response to pressure from the Federal Government, the states have introduced 'uniform' defamation laws, and the Northern Territory will soon do so. However, the legislation is not entirely uniform and the Australian Capital Territory will have other statutory regulation. Partner Belinda Thompson and Articled Clerk Erin Hawthorne summarise the changes in defamation law under these new Acts and outline issues that may lead to ongoing reform

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Senior Associate Della Stanley and Lawyer Gabi Crafti consider the implications of an unsuccessful appeal by the administrators and a creditor of a company in administration from a primary judge's decision that a shareholder who acquired his shares on-market was entitled to be treated as a creditor of that company

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Senior Associate Nick Rudge and Articled Clerk Victoria Foster discuss the effect of contractual arrangements on the right of the principals to claim set-off and reduction of progress certificates

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Two recent court decisions have examined the validity of liquidated damages clauses. Senior Associate Nick Rudge and Articled Clerk Victoria Foster explain

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An Ontario Court of Appeal decision has provided Internet publishers in the common law world with reason to heave a sigh of relief. Partner Belinda Thompson and Lawyer Maree Norton report

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We review three recent court cases that look at privilege issues and the effect on corporate practice in protecting the confidentiality of legal advice, as well as the introduction into Victorian Parliament of legislation dealing with document retention

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Welcome to Allens Arthur Robinson's inaugural round-up of arbitration issues in Australia and the Asia Pacific region

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The Victorian Law Reform Commission's workplace privacy final report, written in response to growing concern about the increased use of surveillance in the workplace, has been tabled in the Victorian Parliament. Lawyer Andrew Ailwood and Special Counsel Karin Clark outline the report's findings

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Partner Michael Schoenberg and Senior Associate Vanessa Filippin look at the latest Pratt ruling on whether particular documents can be privileged

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In-house lawyers are not required to hold practising certificates for confidential communications between them and their employers to be privileged, but it is still better to have them than not. Partner Irene Trethowan and Lawyer Duncan Travis report on the appeal decision in Commonwealth of Australia v Vance [2005] ACTCA 35.

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Partner Guy Foster and Senior Associate Kim Reid consider the implications of the successful proceedings for civil penalties and a disqualification order brought by the Australian Securities & Investments Commission against a former non-executive director of Telstra.

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Partner Belinda Thompson and Lawyer Chris Peadon analyse the implications of the High Court's recent decision in Povey v Qantas, which summarily dismissed the claim of an airline passenger who developed deep vein thrombosis during a series of long-haul flights

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The High Court has held that a school authority was not negligent in failing to prevent a playground injury. Senior Associate Luisa Uriarte and Law Graduate Jillian Leslie write that the 15 June 2005 decision is a positive result for school authorities, as it recognises practical limits to the level of supervision that can be expected of a school. The decision also identifies some of the factors a court will consider when deciding whether the school has discharged its duty of care to students

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Two recent decisions of the NSW Supreme Court on legal professional privilege illustrate the application of sections 118 and 119 of the Evidence Act 1995 (NSW) and highlight some steps that should be taken to increase the prospect of attracting privilege for audit letters and for expert reports. Partner Andrea Martignoni and Lawyer Annie Tan report

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Various proposals to reform the myriad of different defamation laws that operate within Australia have come and gone over the past 20 years. It seems, however, that the state and Commonwealth Attorneys-General may now be on the brink of introducing uniform defamation laws. Partner Belinda Thompson and Law Clerk Maree Norton consider the current struggle to achieve reform

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Recent developments in the McDonald's litigation in the US have revived the hopes of prospective participants in class actions against fast food manufacturers and sellers for the alleged adverse health effects of their products. Partner Peter O'Donahoo and Lawyer Chris Peadon discuss the prospect for similar claims in Australia

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Australia's High Court has confirmed that barristers and solicitors are immune from liability for negligence in the conduct of a case that leads to a decision affecting the conduct of a case in court. Partner Belinda Thompson and Lawyer Chris Peadon consider the implications of this decision and the response of state and territory governments

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Partner Michael Schoenberg and Lawyers Chris Bacon and Martin Guthrie provide an overview of the principles that a court may consider in deciding whether to restrict access to confidential or commercially sensitive documentation produced in response to a subpoena or as part of the discovery process

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Partner John Warde and Senior Associate Kim Reid consider the implications of the first successful proceedings for civil penalty and compensation orders brought by the Australian Securities & Investments Commission relating to breaches of the insider trading provisions of the Corporations Act.

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A recent announcement by Unocal Corporation to settle human rights claims under international law highlights the importance of the US Alien Tort statute. Lawyers Emily Gerrard and Sam Cadman and Partner Craig Phillips look at the settlement and what it means for multinational corporations

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If your lawyer is also your employee, confidential communications between you may not be subject to legal professional privilege. Partner Annette Hughes and Lawyer Duncan Travis report

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Partner Belinda Thompson and Lawyer Jonathan de Ridder discuss two recent High Court decisions and what they tell us about the implied freedoms in the Australian Constitution

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Partner Guy Foster and Senior Associate Kim Reid provide an overview of the High Court's decision in Rich v Australian Securities and Investments Commission and its consequences for the conduct of litigation with regulators

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Global companies need to be aware of the risks of international tort litigation being heard in US courts, report Partners Craig Phillips and Annette Hughes and Articled Clerk Alex Danne

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Partner Belinda Thompson and Lawyer Anne Tyedin report on a controversial Canadian defamation case that could have legal implications for online publishers

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Partner Tom Yuncken and Law Graduate Brigg Baxter report on a recent Western Australian Full Supreme Court decision that highlights the consequences that the use of information technology can have in expanding the jurisdiction of courts

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We report on two recent cases that have important implications for legal professional privilege

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Although courts have traditionally been reluctant to interfere with arbitral proceedings, they can intervene by ordering claimants to pay security for costs where arbitral rules normally do not permit such an order. Senior Associate Lucas Shipway outlines the English experience and examines whether Australian courts will follow a similar path

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The Federal Government's proposed uniform defamation law could have important ramifications for free speech and freedom of the press, according to Partners Belinda Thompson and Roy Williams and Lawyer Chris Bacon. Some of the more controversial proposals announced by Federal Attorney-General Philip Ruddock have been criticised by the media, defamation lawyers and Mr Ruddock's State and Territory counterparts

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We consider two high-profile cases, Popovic and Williams, which illustrate the current position in the area of defamation law and suppression orders in Victoria

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Partner Stuart McCulloch and Senior Associate Kim Reid consider whether communications between lawyers and investment bankers who act for the same client in a transaction are protected by legal professional privilege

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The recent Victorian Supreme Court decision in Age Old Builders Pty Limited v Swintons Pty Limited has overruled a VCAT decision that an expert determination was an arbitration and void by reason of breaching the Domestic Building Contracts Act. Partner Leighton O'Brien and Lawyer Lisa Ziegert review the case

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A recent ruling by the Supreme Court of Western Australia in Lamac Developments Pty Ltd v Devaugh Pty Ltd means that, consistent with the policy of a uniform platform for arbitration in Australia, WA is now in line with the other Australian states. Senior Associate Simon Davis and Law Graduate Bronwyn Byrnes look at the Lamac decision and what it means

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Expert evidence is often crucial in litigation and expensive to prepare. A failure to understand the procedural requirements and evidentiary criteria that should be satisfied at the initial stages of obtaining expert evidence can lead to costly mistakes, as discussed by Partner Belinda Thompson and Lawyer Chris Peadon

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A recent decision of the Victorian Civil and Administrative Tribunal may have a profound effect on the use of expert determinations to resolve disputes. Special Counsel Nick Longley explains the tribunal's decision in Age Old Builders Pty Limited v Swintons Limited which held that, notwithstanding its name, the expert determination agreement under consideration was in reality an agreement to arbitrate

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A recent High Court ruling has shown that prosecuting a case of unconscionability outside the auspices of the Trade Practices Act may be more difficult than previously thought. Partner Professor Bob Baxt and Law Clerk Elizabeth Bennett review the Berbatis case and its implications

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We look at the special responsibilities of the company chairman and the limits of legal professional privilege in terms of communications between a company and non-legal experts

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The Defamation Amendment Act 2002 (NSW), which will commence operation on a date to be proclaimed, effects a number of potentially important changes to the law of defamation in New South Wales. Partner Roy Williams reviews the key points of the legislation

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Victorian Court of Appeal recently overturned the decision of Justice Eames in the high-profile smoking and health claim of McCabe v British American Tobacco Australia. Senior Associate Lisa Bingham and Lawyer David Holme look at the Appeal Court's decision

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Online publishers may be liable for defamation in any jurisdiction where defamatory material is downloaded and damage to reputation is suffered, following a High Court decision that publication of material on the Internet occurs in the place where it is viewed rather than posted, reports Senior Associate Belinda Thompson and Lawyer Damien van der Toorn