08 February 2005
Welcome to the February edition of Clayton Utz Litigation & Dispute Resolution Insights - and a belated Happy New Year.
In this edition we'll look at how litigation funding might receive a boost from a recent court decision. We'll also look at why you shouldn't assume ASIC won't use its investigatory powers once it has commenced civil penalty proceedings, and when courts might limit the scope of a shareholder's inspection of the company books.
Finally, we'll consider the recent High Court decision on disclaimers, and the concept of "conduct" under section 52 of the Trade Practices Act.
By Greg Williams.
If a recent decision is correct, says Greg Williams, it means that any person who takes a commercial interest in a dispute which is above and beyond a mere commercial wager on the outcome may be entitled to "maintain" that litigation.
By Nicholas Mavrakis and Michelle Bakhos.
By Ron Schaffer and Alastair Young.
By John Powell.
Mark specialises in engineering and resources disputes and regularly acts in matters of insurance, administrative law and public prosecutions.
