Litigation and Dispute Resolution Insights

27 May 2004

Welcome to the May edition of Clayton Utz Litigation and Dispute Resolution Insights. In this edition we look at two problems in assessing damages under the Trade Practices Act: establishing the link between the misleading conduct and the alleged loss, and what are the damages meant to compensate?

We'll also look at the Australian implications of two English developments. First, can a director be obliged to disclose his or her own misconduct to the company which is a victim of it? Secondly, the UK civil procedural reforms have "overriding objectives" - how do they affect us?

Applying "overriding objectives" of UK civil procedural reforms in Australia

By Kym Fraser and Fiona Dea.

Kym Fraser and Fiona Dea look at how Australian judges are increasingly referring to the "overriding objectives" underpinning the UK civil procedural reforms in determining applications for interlocutory orders.

Directors' stand alone duty to disclose misconduct

By Dean Jordan and Fiona Boyce.

An English case has held that a director can be obliged to disclose his or her own misconduct to the company which is a victim of it. Dean Jordan and Fiona Boyce explain how, if followed in Australia, this could lead to an additional ground of action for companies against wayward directors.

Damages for misleading conduct - The centrality of causation and reliance

By David Harland.

A recent Federal Court decision illustrates how showing a causal link between misleading conduct and the loss alleged is crucial in an action for damages, as David Harland explains.

Interpreting "loss or damage" under the Trade Practices Act

By David Harland, Ainslee Cox and Nicole McKinnon.

David Harland, Ainslee Cox and Nicole McKinnon discuss the High Court ruling that it is wrong to approach the operation of the "loss and damage" provisions of Pt VI of the Act by beginning with an attempt to draw an analogy with any particular claim under the general law.
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