Litigation and Dispute Resolution Insights

19 December 2008

Welcome to the final edition of LDR Insights. 2008 has been a busy, and challenging, year for many of us as we deal not only with the developments in the law but the changing economic climate globally.

In this edition we look back at some recent developments in areas such as the protection of private information, legal professional privilege, D&O insurance, and access to regulators' material. We'll also try to pick some of the key areas for 2009.

And finally, we wish you a merry and peaceful holiday season with your family, and a happy new year.

Sex, lies and videotape: breach of confidence claims and awards of damages

By Peter Keel, Toby Mullen and Andrew Westcott.

Peter Keel, Toby Mullen and Andrew Westcott tease out the implications from last week's decision from Victoria on damages for pure mental distress for breach of confidence claims.

Waiver of privilege - more than a state of mind?

By Vince Annetta and Nicole Ryan-Green.

A litigant's state of mind will often be in issue, but at what point does making it an issue turn into an implied waiver of privilege? Vince Annetta and Nicole Ryan-Green look at a recent development in NSW which might make litigation even more of a challenge.

Risky business: Directors’ and officers’ liability and insurance - are you covered?

By Mark Waller and Paul Miller.

Recent trends suggest that the previously soft D&O market may be starting to harden. But there's still scope to negotiate favourable policy terms, argue Mark Waller and Paul Miller.

Regulator's sources protected from disclosure

By Michael Legg and Nicholas Mavrakis.

Michael Legg and Nicholas Mavrakis explain the latest developments in accessing material obtained by a regulator from a corporation through the regulator's compulsory examination and document production powers.

Top 10 developments in commercial litigation in 2008

By Peter Keel, Norman Lucas and Douglas Bishop.

What lies ahead for us in 2009? Peter Keel, Norman Lucas and Doug Bishop try to find some answers from this year's developments.

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