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Class action and litigation funding review - ALRC grapples with thorny issues
Insight 06 Jun 2018

As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...

Competing class actions - the court takes control
Insight 24 May 2018

The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed The latest in a series of judgments where the courts have grappled with the problem of competing class actions Justice Lees decision ...

Subpoenas under the IAA: Foreign-seated arbitrations need not apply
Insight 18 Oct 2017

A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations limiting access to evidence located in Australia for parties of foreign-seated arbitrations Partner Nick Rudge and Overseas Lawyer Caroline Swartz-Zern report ...

Employment & Safety
Insight 04 Sep 2017

In this issue we look at the Fair Work Commissions support for unpaid domestic violence leave and casual conversion clauses an unfair dismissal following a breach of a zero tolerance drug and alcohol policy proposed WHS amendments in Queensland and another enterprise agreement is terminated ...

A new planning regime for Queensland
Insight 03 Jul 2017

The Planning Act 2016 commences today together with the Planning Regulation 2017 various new planning documents and new forms The Act replaces the Sustainable Planning Act 2009 While there is a lot that has changed under the new regime the cornerstones of the planning system remain intact Special ...

Consumer protection in the banking, insurance and financial sector
Insight 10 Mar 2017

The Senate Economics References Committee is conducting an inquiry into the regulatory framework for the protection of consumers in the banking insurance and financial services sector ...

Improving external dispute resolution schemes - rather odd recommendations
Insight 07 Feb 2017

It is difficult to describe the interim recommendations of the Expert Panel reviewing the financial system external dispute resolution and complaints framework as anything other than odd ...

Report: Wrap-Up of Sydney Arbitration Week 2016
Insight 06 Dec 2016

The Allens Arbitration group reports on some highlights from Sydney Arbitration Week which is an important event on the arbitration calendar Discussion among local and international participants included some of the biggest challenges facing the future of international arbitration and practical tips ...

Supreme Court of WA sends EPC contractor back to arbitration
Insight 13 Jul 2016

In Samsung CT Corporation v Duro Felbuera Australia Pty Ltd 2016 WASC 193 the Supreme Court of Western Australia had to carefully consider the role that Australian courts play when there is a dispute over the existence and scope of an arbitration agreement The key issue was whether a jurisdiction ...

Double recovery as a challenge to the enforcement of an arbitral award
Insight 01 Mar 2016

The Victorian Court of Appeal has refused an application for leave to appeal against the enforcement of an arbitral award The applicants applied for leave to appeal on the basis that enforcement of the award would be contrary to public policy as it would give effect to double recovery by the ...

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