Litigation and Dispute Resolution Insights

09 December 2005

Welcome to the final edition of Clayton Utz Litigation & Dispute Resolution Insights for 2005.

In this edition we'll look at a very hot topic in litigation at the moment - litigation funding arrangements. Although their use has been growing, will that trend continue?

We'll examine two evidence issues: the use and admissibility of expert forensic accounting evidence, and the practical difficulties in proving that communications between client and a third party (who is not an agent or employee of the client) are for the dominant purpose of giving or obtaining legal advice.

We'll also learn what impact boardroom dynamics can have on individual directors' duties, and the latest developments in administrators' and deed administrators' remuneration.

Finally we'd like to wish you season's greetings, and hope you have a relaxing break, so you're ready for the New Year's challenges.

Litigation funding agreements - the future's in the balance

By Andrew Dienhoff.

The use of litigation funding arrangements is growing, having been greatly encouraged by recent decisions. But will the trend continue? Andrew Dienhoff looks at the current state of play.

Expert forensic accounting evidence: when is it admissible?

By Nick De Young.

The latest decision in ASIC v Rich is an important guide to the use and admissibility of expert forensic accounting evidence. Nick De Young explains what it means for litigators.

Dominant purpose, third parties, and legal professional privilege

By Zoe Millington-Jones.

The latest decision in Pratt highlights the practical difficulties in proving that communications between client and a third party (who is not an agent or employee of the client) are for the dominant purpose of giving or obtaining legal advice, as Zoe Millington-Jones shows.

Fixating upon the fixing of remuneration: the Stockford decision

By Jeffery Black.

The decision in Re Stockford Limited provides some practical guidelines for administrators and deed administrators in dealing with their remuneration, but as Jeffery Black explains, it also may have opened the door to greater judicial challenge.

Boardroom dynamics

By Karen O'Flynn.

Karen O'Flynn discusses the impact boardroom dynamics can have on individual directors' duties, as highlighted in a recent Queensland court case.

New partners for Litigation

Our Litigation/Dispute Resolution group welcomes two new partners in 2006.

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