• "Without prejudice" privilege: traps for young (and old) players - Is "without prejudice" a magical spell which protects everything? As Mary Still and Timothy Webb explain, it's a useful phrase but not widely understood.
  • Did you know... what gross negligence is? - Construction contracts will often contain reference to "gross negligence" - but what is it? And what should you do when you're negotiating the contract? Gavin Witcombe provides some answers.
  • Litigation funding allowed by High Court: funder loses battle but wins war - In Campbells Cash and Carry Pty Limited v Fostif Pty Ltd, the first decision by Australia's highest court on litigation funding, the Court held 5:2 that litigation funding was not an abuse of process or contrary to public policy. The majority was composed of Justices Gummow, Hayne and Crennan (in a joint judgment), Chief Justice Gleeson and Justice Kirby.
  • Preparing for the punch of proportionate liability - Proportionate liability was washed up by the wave of tort law reform, but how will it work in practice? Andrew Morrison, Sara Dennis and Mia Livingstone survey the main features of the new laws across Australia.
  • Recovering damages for defective building work - A building is defective. Can the owner recover damages from the builder if it subsequently sells the building? Frank Bannon and Mathew Stulic look at the latest developments.


Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.