1-10 of 253 results
International Arbitration: Spain's claim for sovereign immunity rejected?
The Full Court of the Federal Court has held that foreign sovereign immunity did not apply to prevent parties from seeking recognition of an arbitral award against Spain. We examine Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and its implications. ...
Another decision on adverse costs orders in employment class actions: should you expect a 'chilling effect' on employment class action risk?
Duck v Airservices Australia (No 3) is the latest in a series of cases that have grappled with the intersection of employment class actions, litigation funders and the traditionally 'no costs' jurisdiction of the Fair Work Act. We examine the decision and its potential impacts on employment class action risk. ...
Contract law update
In this year's Contract Law Update we will look at the most significant recent judgment of Australian appellate courts and the most relevant cases. ...
A win to litigation funders in employment class actions
A decision in a 'wage underpayment' class action (Simon Alexander Turner v Tesa Mining) examines the extent to which funders can be liable for costs in Fair Work Act proceedings. ...
Australia's second shareholder class action judgment
In the wake of Crowley v Worley Limited, Australia's first two shareholder class action judgments highlight the significant risk that applicants, and the litigation funders that support them, take when pursuing such claims to trial. Neither judgment sounded in any award of damages for shareholders. ...
After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...
A growing tide? Climate change class action proceedings issued against the Federal Treasury
Australia is becoming front and centre as a forum for activist climate change litigation against corporates, financial institutions and government. We assess the significance of these proceedings and outline the key questions your organisation and its Board should be asking. ...
The PROOF is in the pudding? Using WIPO's new digital evidence tool to strengthen your IP rights
WIPO PROOF - WIPO's new service can be used to prove the existence and contents of a digital file at a given time. ...
Shareholder resolutions
Shareholders are becoming increasingly aware of climate change risks. Since early 2017, both Australian and foreign companies have faced a wave of climate change-related shareholder activism. Ceres maintains a Climate and Sustainability Shareholder Resolutions Database, which at February 2020 showe ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...