Litigation and Dispute Resolution Insights

26 August 2004

Welcome to the August edition of Clayton Utz LDR Insights. In this edition we look at a major development in legal professional privilege and its implications for communications between a solicitor or client and a third party.

We'll also look at the growing law of privacy, recent changes to the Trade Practices Act, and why a mortgagee couldn't enforce an unconscionable mortgage.

Finally, we'd like to welcome those readers who are switching over to the electronic version of Insights. We hope you enjoy the quicker delivery and improved functions.

Legal advice privilege and communications with third parties

By Gina Elliott and Zoe Millington-Jones.

Gina Elliott and Zoe Millington-Jones look at the implications of the Pratt decision for communications between a solicitor or client and a third party.

Federal Government stitches up defendants' deep pockets in section 52 claims

By Mark Waller.

Proportionate liability and contributory negligence are now available for claims under the Trade Practices Act for economic loss or damage to property, as Mark Waller explains.

Sex, drugs and breach of confidence

By Peter Keel and Laura Duesbury.

Recent UK decisions indicate that publishing celebrity gossip will not usually be actionable as a breach of confidence, say Peter Keel and Laura Duesbury - but what about the position here?

Mortgagee unable to enforce an unconscionable mortgage

By Ron Schaffer and Alastair Young.

Ron Schaffer and Alastair Young discuss why it is incumbent upon mortgagees to have regard to the totality of a proposed mortgage agreement, especially the mortgagor's ability to repay the loan, regardless of the adequacy of the security for the loan.

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