Litigation and Dispute Resolution Insights

31 May 2005

Welcome to the May edition of Clayton Utz Litigation & Dispute Resolution Insights.

In this edition we'll look at two internal procedures that often are overlooked - information management and mailroom protocol - and why getting them right could save you a lot of money.

We'll also examine the tricky problem of pure economic loss, look at the latest in defamation law on the Internet, and find out the difference between minced and chunky tuna (and why it matters).

"Pure" economic loss: is the law any clearer yet?

By Mark van Brakel and Terry Palmer.

When does a defendant owe other members of a small group of companies a duty of care not to cause them pure economic loss? Mark van Brakel and Terry Palmer ask if a recent decision can help us answer this vexing question.

Defamation and the Internet - Avoiding liability for publication

By Norman Lucas and Zoe Millington-Jones.

Uploaded in one place but downloaded anywhere, a defamatory Internet publication leads to some difficult legal questions. Norman Lucas and Zoe Millington-Jones look at a recent English decision and ask what it means for Australia.

Invisible service

By Ron Schaffer.

Getting the little things right can save companies a lot of trouble. Ron Schaffer explains why not implementing simple office procedures can be expensive - and even get you wound up.

Backup tapes: friend or foe?

By David McGrath.

As David McGrath explains, when a court orders discovery of backup tapes, those tapes, once a source of some comfort to an organisation, suddenly become a millstone around its neck.

Fishy questions for the Federal Court

By Jocelyn Kellam and Andrew Morrison.

Technical meanings and definitions bedevil food law, but as Jocelyn Kellam and Andrew Morrison show, courts will interpret legislative provisions in line with its common meaning and take a commonsense approach to statutory interpretation.

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