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Emerging ESG disputes risks and key mitigation strategies
Pressure is emerging from multiple angles – regulation, investors, employees and communities – to have a proactive approach to ESG issues. In this Insight, we highlight current trends in ESG disputes and outline the key strategies companies should be implementing right now to mitigate ESG disputes risk. ...
The first word on group costs orders in class actions
The Supreme Court of Victoria has provided significant first guidance on the operation of its new group costs order regime for class actions. ...
Government response to class action inquiries
Last week, the Federal Government published its long-awaited response to the ALRC and Parliamentary Joint Committee on Corporations and Financial Services Report's inquiries into class actions. ...
Enforcement and litigation risk in insurance
There is a growing appetite for litigation and regulatory enforcement in the insurance industry. In the wake of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Financial Services ...
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. ...
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. ...
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. ...