Litigation and Dispute Resolution Insights

02 August 2006

Welcome to the August edition of Clayton Utz Litigation & Dispute Resolution Insights, in which we'll look at three important developments in privilege.

First, we'll investigate the true meaning of "without prejudice". Then, we'll see that the distinction between advice and litigation privilege is alive and well in commissions of inquiry. Finally, we'll see when a defence can waive your privilege.

We'll also look at the introduction of proportionate liability - how should you prepare? Lastly, we'll see why private enforcement actions against cartels could be the next big thing.

"Without prejudice" privilege: traps for young (and old) players

By Mary Still and Timothy Webb.

Is "without prejudice" a magical spell which protects everything? As Mary Still and Timothy Webb explain, it's a useful phrase but not widely understood.

Privilege limited in commission of inquiry

By Vince Annetta and Nicole Ryan-Green.

The distinction between advice and litigation privilege remains alive and well, say Vince Annetta and Nicole Ryan-Green.

When can your defence amount to a waiver of legal professional privilege?

By Luke Buchanan and Eirene Garnsey.

When does pleading a particular belief or state of mind (even as a defendant/respondent) result in waiver of privilege? Luke Buchanan and Eirene Garnsey search for answers in a recent case.

Preparing for the punch of proportionate liability

By Andrew Morrison, Sara Dennis and Mia Livingstone .

Proportionate liability was washed up by the wave of tort law reform, but how will it work in practice? Andrew Morrison, Sara Dennis and Mia Livingstone survey the main features of the new laws across Australia.

Enforcement of cartel conduct - a new era of private enforcement?

By Andrew Morrison, Ross McInnes and Jennifer Thomas.

The ACCC has been pretty vocal about cartel cracking, but could private actions against cartels be the next big thing? Andrew Morrison, Ross McInnes and Jennifer Thomas explain why these actions have become more likely.

Meet our clients

What keeps a senior legal counsel awake at night?

Profile: Doug Bishop

Doug has moved from Adelaide to Perth to Sydney - but he's staying put for the time being.

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