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litigation 101.
- 1. Litigation 101: Arbitrations
Arbitration can offer a flexible and commercial option to parties seeking to tailor the dispute resolution process but it is important to weigh up the pros and cons.
Article, 8 Mar 2023
- 2. Litigation 101: Evidence – using foreign law in Australian litigation
In Australian courts, foreign law is viewed as a question of fact that is proved by expert evidence. Taking steps to early identify and retain a foreign law expert can be critical for the development of your case theory in a litigation.
Article, 2 Feb 2023
- 3. Litigation 101: alternative dispute resolution
Commercial disputes come in a variety of forms – and so too do options for trying to resolve those disputes. This article provides an overview of the main Alternative Dispute Resolution (ADR) methods and issues to think about when deciding what type of ADR method best meets your needs.
Article, 16 Sep 2022
- 4. Litigation 101: interlocutory injunctions
An interlocutory injunction operates until the final hearing to protect the applicant against injury for which it could not be adequately compensated in damages if the alleged infringement of its rights were to occur.
Article, 1 Sep 2022
- 5. Litigation 101: The differences between deeds and agreements
There are legal and practical differences between deeds and agreements, and your choice of which to use will depend on the parties and the specific circumstances.
Article, 18 Aug 2022
- 6. Litigation 101: Document retention for business
The implementation of a clear and effective document retention policy is important to not only ensure compliance with such document retention obligations, but also to reduce the risk of adverse rulings in current or future litigation, minimise exposure to possible criminal offences, as well as manage the cost to the business of retaining documents unnecessarily.
Article, 4 Aug 2022
- 7. Litigation 101: Examinations under section 19 of ASIC Act
The section 19 examination process is a commonly used and powerful tool for ASIC. In this article, we cover the key issues that in-house lawyers should be aware of when an officer or employee in their organisation is served with a Section 19 Notice.
Article, 21 Jul 2022
- 8. Litigation 101: The implied undertaking and how to manage your obligations
Complying with an implied undertaking requires educating your business, and managing your documents.
Article, 7 Jul 2022
- 9. Litigation 101 Series: Privacy (transferring personal information internationally)
In today's global digital economy, it is almost unavoidable that companies will, at some point, transfer to an overseas entity personal information they have collected in Australia. An obvious example is using a data storage provider with servers located overseas, but it may also occur in connection with cross-border disputes, conducting foreign court proceedings, or engaging with international experts and witnesses.
Article, 24 Jun 2022
- 10. Litigation 101: Discovery – Understanding the process and obligations
Discovery can seem overwhelming, particular in the early stages of a proceeding, but there are a few simple tricks that can assist.
Article, 9 Jun 2022
- 11. Litigation 101 Series: You’ve been served with a subpoena, now what?
Receiving a subpoena can cause a significant amount of anxiety and stress. In this article, we provide some practical tips as to how to appropriately react to receipt of a subpoena, and an overview of the basis upon which a subpoena may be set aside.
Article, 26 May 2022
- 12. Litigation 101: legal professional privilege for in-house counsel
There are particular issues of legal professional privilege with documents prepared by in-house counsel. In our new Litigation 101 series, Georgina Penglis, Roxana Carrion, Trina Storm and Karen Ingram set out the dos and don'ts.
Article, 12 May 2022
- 13. Litigation 101: legal professional privilege for business
Legal professional privilege protects the confidence in communications made between client and legal adviser (or with third parties, in certain circumstances).
Article, 12 May 2022
