Litigation and Dispute Resolution Insights

04 December 2006

Welcome to the December edition of Clayton Utz Litigation & Dispute Resolution Insights, in which we'll look at the future of litigation funding in the wake of the Fostif decision.

It's common to try to control your risk via indemnity clauses or limitation of liability in contracts, but new proportionate liability laws might have thrown a spanner in the works.

Finally, we'll also discover the dangers of disclosing the substance or gist of legal advice.

Litigation funding in the High Court

By Michael Legg and Greg Williams.

Litigation funding might allow greater access to justice, but is it legal? Michael Legg and Greg Williams look at the High Court's decision and what it means for the future of litigation funding and class actions.

"Giving up the gist" - The dangers of imputed waiver of legal professional privilege

By Damien McAloon and Christopher Brown.

You've taken legal advice - how much of it can you now share with others without losing your right to keep it confidential? Damien McAloon and Christopher Brown navigate the tricky waters of imputed waiver to find some answers.

Limitation of liability and indemnity clauses: the knock-out punch of proportionate liability

By Julie Granger.

You've controlled your risk under a contract with an indemnity clause or by limiting your liability, so you're safe - or are you? Could the tort law reforms of the last few years have made these clauses ineffective, asks Julie Granger.

Meet our clients

Do you need a new life philosophy? One of our clients suggests a few possibilities.

Profile: Ian Bloemendal

Why is Brisbane litigator Ian Bloemendal a champ at Trivial Pursuit?