Litigation and Dispute Resolution Insights

11 May 2007

Welcome to the May edition of Clayton Utz Litigation & Dispute Resolution Insights, in which we’ll look at the trend "from text to context" in contractual interpretation - what does this shift actually mean for your commercial arrangements?

We'll also look at when company officers can rely on information provided by others, how to get summary judgment in the Federal Court, the trend away from arbitration in reinsurance disputes, and the obligations all litigants bear in NSW.

From text to context in interpreting contracts - what does it mean for your contracts?

By Gina Elliott and Zoe Millington-Jones.

The Chief Justice of New South Wales, the Hon JJ Spigelman AC, outlined the trend "from text to context" in contractual interpretation at our recent Risky Business conference. What does this shift actually mean for your commercial arrangements, ask Gina Elliott and Zoe Millington-Jones.

We're all model litigants, says NSW court

By John Collins and Timothy Webb.

How should litigants behave? John Collins and Timothy Webb investigate a recent NSW case and ask whether it imposes new burdens on litigants, or is it merely a reminder of what they should be doing anyway?

When can company officers rely on information provided by others?

By Samantha Landsberry, Michael Legg and Nicholas Mavrakis.

At what point does a company officer need to double-check what they've been told by another? Samantha Landsberry, Michael Legg and Nicholas Mavrakis explain the latest developments.

RIP non-life reinsurance arbitration in NSW?

By Ray Giblett.

Peter Mann and Ray Giblett look at arbitration clauses in reinsurance disputes - will they be superseded by mediation and expert determination?

Making summary judgment more summary in the Federal Court

By Michael Legg.

When is summary judgment available in the Federal Court? Michael Legg looks at the current threshold and whether it really makes summary judgment easier.

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