Litigation and Dispute Resolution Insights

04 September 2008

Welcome to the September edition of Litigation & Dispute Resolution Insights, in which we'll look at the reasons why you might not want to report white-collar crime to the police - and why you should.

We'll examine the perennial problem of legal professional privilege - when do you inadvertently waive it, and when will it be waived for you by federal investigators.

We'll also look at

the largest payout in a shareholder class action, and ask what this means for the future
how your business could be affected by the proposed new statutory cause of action for breaches of privacy
when directors could be personally liable for misleading and deceptive conduct in relation to shares; and
the latest in the move to criminalise cartels.

Conceal or reveal? Reporting white-collar crime

By Luke Buchanan.

However tempting it might be to stay quiet about white-collar crime in your organisation, the law won't allow you to do it, says Luke Buchanan.

Australia's largest shareholder class action payout - Aristocrat shareholder class action settles

By Michael Legg, Nicholas Mavrakis and Stuart Clark.

What will Australia's largest shareholder class action payout mean, ask Michael Legg, Nicholas Mavrakis and Stuart Clark.

Criminalising cartels - confusion or clarity?

By Ross McInnes, Fred Prickett and Andrew Morrison.

Ross McInnes, Fred Prickett and Andrew Morrison examine the latest in the Government's attempts to criminalise serious cartel conduct.

ALRC report on client legal privilege in federal investigations

By Tobin Meagher and James Robinson.

When federal investigations meet privilege claims, is it a case of the irresistible force meeting the immovable object? The ALRC has been trying to find a solution, as Tobin Meagher and James Robinson explain.

Loose lips sink ships - but when will they waive privilege in legal advice?

By Luke Buchanan and Louise Hulmes.

Greater certainty has been created in relation to waiver of legal professional privilege at common-law, as Luke Buchanan and Louise Hulmes report.

ALRC recommends statutory cause of action for invasion of privacy

By Gina Elliott.

A new cause of action for breach of privacy will mark a significant shift in the legal landscape, and businesses will need to understand how it works and how to protect themselves, say Gina Elliott and Danielle Briers.

Directors' personal liability for misleading and deceptive conduct in relation to shares

By Michael Legg and Dean Jordan.

Who is liable for misleading or deceptive statements in relation to shares - and what is "in relation to" shares? Michael Legg and Dean Jordan look for answers in a recent case.

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