Litigation and Dispute Resolution Insights

09 July 2009

Welcome to the July edition of LDR Insights. As we end one very challenging financial year, we look forward to the next, which will no doubt throw up some interesting problems for litigators.

In this edition we look at some recent developments in litigation privilege and defamation, but we also look at some areas that we think will assume greater importance in the current market.

Businesses everywhere are reviewing their contractual arrangements, so we examine the latest on two key issues that often emerge in disputes over contracts: when can you terminate a contract, and what is your contract anyway?

Finally, we go back to basics on class actions in Australia.

Class actions in Australia: Back to basics

By Michael Legg and Louisa Travers.

Louisa Travers and Michael Legg give a step-by-step explanation of class actions.

Is evidence served in earlier proceedings covered by litigation privilege?

By Jennifer Ball and David Greenberg.

You file affidavits in one proceeding. Can you maintain litigation privilege over them in another set of proceedings? Jennifer Ball and David Greenberg look for an answer in two recent cases.

It's over! When (and how) can you terminate a contract?

By Luke Buchanan and Simone Rees.

When does the other party's breach of the contract allow you to exit gracefully? Luke Buchanan and Simone Rees explain how the right to terminate a contract arises, and what needs to be kept in mind.

Entire agreement clauses - what do they seek to do? Do they work?

By John Fairbairn and Timothy Webb.

Entire agreement clauses are a common feature of commercial contracts - and commonly are an issue in contractual disputes. What do they really do and how reliable are they, ask John Fairbairn and Timothy Webb.

High Court clarifies correct test for defamation in business reputation cases

By Kym Fraser and Andrew Westcott.

Although many corporations can no longer sue in defamation, that doesn't mean that commenting on business reputations is now a free-for-all. Kym Fraser and Andrew Westcott explain the current state of the law, and what this means.

Meet our clients

Conrad Black's father should have designed t-shirts, according to our client.
Key Contacts

To view claytonutz.com correctly, you should upgrade your browser

Download Google Chrome
Download Firefox
Download Safari
Download Internet Explorer