Publications
VIEW:
Litigation & Dispute Resolution Updates
Litigation & Dispute Resolution Updates
16 May 2024
Signing a Contract: Risky Business?
Litigation & Dispute Resolution Updates
21 March 2024
Equitable Estoppel - Is It Set In Stone?
Litigation & Dispute Resolution Updates
13 November 2023
Parasitic costs disputes: Robust decisions from Quinlan CJ and Lundberg J clarify the Court's expectations on costs
Litigation & Dispute Resolution Updates
19 October 2023
Merc v Merc: Mercedes-Benz win will change the way Mercedes are sold in Australia
Litigation & Dispute Resolution Updates
14 August 2023
ASIC strikes again - AMP Superannuation fined $24 million
Litigation & Dispute Resolution Updates
03 August 2023
The Importance Of Maintaining Fiduciary Duties
Litigation & Dispute Resolution Updates
06 July 2023
First lawsuit against ChatGPT: I am offended by what the robot said, your Honour
Litigation & Dispute Resolution Updates
03 July 2023
Defamation and Local Governments
Litigation & Dispute Resolution Updates
25 May 2023
Tasmanian AFL Team’s First Tackle – The Devil Is In The Detail
Litigation & Dispute Resolution Updates
15 May 2023
Let’s Get It On…Or Not: Ed Sheeran successfully defends copyright infringement lawsuit
Litigation & Dispute Resolution Updates
21 April 2023
Warning To Corporations: ASIC Shows No Mercer For Alleged Greenwashing
Litigation & Dispute Resolution Updates
04 April 2023
ESG: Should you care?
Litigation & Dispute Resolution Updates
21 March 2023
The Curse of 'Informal' Contracts
Litigation & Dispute Resolution Updates
07 March 2023
The Pokémon Battle: A Guide to Interlocutory Injunctions
Litigation & Dispute Resolution Updates
02 March 2023
Injurious falsehood
Litigation & Dispute Resolution Updates
20 January 2023
High Court Considers Implied Terms in Copyright Dispute
Litigation & Dispute Resolution Updates
28 September 2022
High Court of Australia Finds That Google Was Not a Publisher
Litigation & Dispute Resolution Updates
09 September 2022
Context Matters - Misleading and Deceptive Conduct
Litigation & Dispute Resolution Updates
17 August 2022
They Never Updated Their Wills; Now What?
Litigation & Dispute Resolution Updates
14 June 2022
Not Fair! Regulator Sues for Unfair Contract Terms
Litigation & Dispute Resolution Updates
17 May 2022
Battle of the Wills - Legally Drafted Wills vs DIY Will Kits
Litigation & Dispute Resolution Updates
05 April 2022
Defamation 101 – What You Need to Know
Litigation & Dispute Resolution Updates
30 March 2022
Time to Pay Up: Retail Shops Leases and the Obligation to Provide Estimates of Operating Expenses
Litigation & Dispute Resolution Updates
10 March 2022
The Force Awakens: The Power Of The Subpoena That Can Withstand Objection
Litigation & Dispute Resolution Updates
03 March 2022
The Chamber of Secrets: Protecting Commercially Sensitive Information in Litigation
Litigation & Dispute Resolution Updates
08 November 2021
Dispute resolution – it’s time to be more innovative
Litigation & Dispute Resolution Updates
04 November 2021
eDiscovery and TAR – Reforming Discovery in Western Australia
Litigation & Dispute Resolution Updates
22 October 2021
Appearance is everything: the perils of apprehended bias
Litigation & Dispute Resolution Updates
18 October 2021
Can’t take it with you – gifting property in your will
Litigation & Dispute Resolution Updates
07 October 2021
Open to Interpretation and Prone to Appeal: What you need to know about Pre-action Discovery Applications
Litigation & Dispute Resolution Updates
23 September 2021
Discovery: Pre-Action Discovery - Go Fish
Litigation & Dispute Resolution Updates
08 September 2021
Discovery: a necessary evil?
Litigation & Dispute Resolution Updates
25 August 2021
Summary judgment and strike out applications – game over before kickoff?
Litigation & Dispute Resolution Updates
27 July 2021
Litigation Update - Lorna Jane
Litigation & Dispute Resolution Updates
01 July 2021
Last year, Lavan reported on a NSW Supreme Court of Appeal decision (HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296) concerning “business interruption” in insurance policies
Litigation & Dispute Resolution Updates
01 July 2021
Business Interruption Insurance and the Lingering Quarantine Act
Litigation & Dispute Resolution Updates
17 June 2021
Australia's largest electricity generator fails to stop Greenpeace from using its logo
Litigation & Dispute Resolution Updates
25 May 2021
Pick your forum wisely - Rethinking your exclusive jurisdiction clause
Litigation & Dispute Resolution Updates
06 May 2021
General v personal financial advice – what are financial service providers obligations?
Litigation & Dispute Resolution Updates
23 April 2021
To Arbitrate, Negotiate or Litigate – How an Arbitration Clause will decide that for you
Litigation & Dispute Resolution Updates
07 April 2021
Resolutions to Dispute Resolution Clauses – Avoiding slow, expensive dispute resolution clauses
Litigation & Dispute Resolution Updates
25 March 2021
To enjoin or not to enjoin?
Litigation & Dispute Resolution Updates
03 March 2021
Trouble in Paradise - Supreme Court grants interlocutory injunction in showdown over 95 hectares on the Ashburton River
Litigation & Dispute Resolution Updates
16 February 2021
Be careful at the checkout – new Guide for issuers and distributors of financial products
Litigation & Dispute Resolution Updates
13 January 2021
Don’t make false promises - they may come back to bite you
Litigation & Dispute Resolution Updates
10 December 2020
Trade marks: Use it or lose it
Litigation & Dispute Resolution Updates
10 December 2020
Court of Appeal delivers judgment in adverse possession stoush in City Beach
Litigation & Dispute Resolution Updates
26 November 2020
Coronavirus and business interruption – bad news for insurers
Litigation & Dispute Resolution Updates
12 November 2020
Interlocutory injunctions: costs in the cause? 
Litigation & Dispute Resolution Updates
27 October 2020
Federal Court decides in ASIC’s favour against Big Star Energy Ltd (formerly Antares Energy Limited)
Litigation & Dispute Resolution Updates
22 October 2020
Social media warning - be careful using emojis
Litigation & Dispute Resolution Updates
14 September 2020
Home cooked: why home-made Wills are a recipe for disaster
Litigation & Dispute Resolution Updates
10 September 2020
Hail Caesar! Caesarstone given “thumbs down” by the Federal Court 
Litigation & Dispute Resolution Updates
01 September 2020
The earthworks, the indebtedness and the caveat
Litigation & Dispute Resolution Updates
17 August 2020
Picking up the tab: defendant ordered to pay costs in estate dispute 
Litigation & Dispute Resolution Updates
09 July 2020
Perfect! Sony Tekken 2 Court By ACCC
Litigation & Dispute Resolution Updates
28 May 2020
The importance of understanding how a charitable trust may use donated funds
Litigation & Dispute Resolution Updates
22 April 2020
Inoculating your organisation against the consequences of COVID-19
Litigation & Dispute Resolution Updates
09 April 2020
Are you sure you have been served?
Litigation & Dispute Resolution Updates
31 March 2020
Is the COVID-19 pandemic frustrating you (and your contractual relationships)?
Litigation & Dispute Resolution Updates
12 March 2020
It’s all Fun(d) and Games
Litigation & Dispute Resolution Updates
11 December 2019
A note to Sole Directors and Shareholders
Litigation & Dispute Resolution Updates
28 November 2019
Caveats – resist applications for extensions with caution
Litigation & Dispute Resolution Updates
19 November 2019
Tear down the wall! Adverse possession
Litigation & Dispute Resolution Updates
14 October 2019
Whistleblowing laws – pay attention or risk paying a $10.5M to $525M price!
Litigation & Dispute Resolution Updates
04 October 2019
Injunctions and defamation
Litigation & Dispute Resolution Updates
13 September 2019
Defamation – can you handle the truth?
Litigation & Dispute Resolution Updates
29 August 2019
Gold rush: subtenant races to court for urgent injunction
Litigation & Dispute Resolution Updates
27 August 2019
Insurers to be covered by the unfair contracts regime
Litigation & Dispute Resolution Updates
15 August 2019
Knowledge, Governance and Insurance – time travel can't save you!
Litigation & Dispute Resolution Updates
25 July 2019
Social Media Post Re-Opens Court Proceedings
Litigation & Dispute Resolution Updates
15 July 2019
In a bind: SAT powerless to authorise BDBNs
Litigation & Dispute Resolution Updates
27 June 2019
Third party comments on your Facebook page – can you be held liable?
Litigation & Dispute Resolution Updates
25 June 2019
Unconscionability and Special Disadvantage
Litigation & Dispute Resolution Updates
13 June 2019
Defamation claims in the strata company and committee landscape
Litigation & Dispute Resolution Updates
31 May 2019
There’s property in a promise - Court of Appeal confirms the decision in Currie v Currie
Litigation & Dispute Resolution Updates
17 May 2019
The importance of engaging the right solicitor: A note from the Supreme Court of Western Australia
Litigation & Dispute Resolution Updates
04 April 2019
Burning Obligations: Contractual rights and responsibilities
Litigation & Dispute Resolution Updates
15 February 2019
Knock Knock: Federal Court Asks Who’s There
Litigation & Dispute Resolution Updates
20 December 2018
Don't bank on the Calderbank
Litigation & Dispute Resolution Updates
20 December 2018
Offers of amends in defamation disputes – not your usual settlement offers
Litigation & Dispute Resolution Updates
30 November 2018
A cautionary tale - settling defamation claims
Litigation & Dispute Resolution Updates
20 November 2018
Federal Court won’t budge on MyBudget Class Action
Litigation & Dispute Resolution Updates
07 November 2018
Phishing and Risk
Litigation & Dispute Resolution Updates
01 November 2018
The decision in Mead v Lemon: A reminder that you must give very careful consideration to your estate planning
Litigation & Dispute Resolution Updates
21 September 2018
Tell your insurer. They won’t pay for you to fight with them about disclosure
Litigation & Dispute Resolution Updates
06 September 2018
Directors Liability in Western Australia – its time to reform
Litigation & Dispute Resolution Updates
06 July 2018
Defaming the person behind the company - a difficult bridge to cross
Litigation & Dispute Resolution Updates
18 May 2018
Equity answers broken promise: proprietary estoppel in Currie v Currie
Litigation & Dispute Resolution Updates
14 March 2018
Do you know what’s coming? Proposed Reforms to the Australian Consumer Law
Litigation & Dispute Resolution Updates
09 January 2018
Newsflash: Privacy (Australian Government Agencies — Governance) APP Code is coming
Litigation & Dispute Resolution Updates
29 November 2017
Publishing confidential information online: Twitter oversteps boundaries
Litigation & Dispute Resolution Updates
16 November 2017
The Australian Competition and Consumer Commission wades into big data, algorithms and data-driven innovation
Litigation & Dispute Resolution Updates
03 November 2017
Don't Get Disqualified: Penalties under the ACL
Litigation & Dispute Resolution Updates
19 October 2017
Misleading conduct and statutory breaches
Litigation & Dispute Resolution Updates
21 September 2017
Emails, texts and binding contractual relations
Litigation & Dispute Resolution Updates
07 September 2017
Trust deeds: Guardian by name or Guardian by nature?
Litigation & Dispute Resolution Updates
21 August 2017
Interpretation of dispute resolution clauses in contracts: should I stay or should I go?
Litigation & Dispute Resolution Updates
16 August 2017
A new era in governance of incorporated associations
Litigation & Dispute Resolution Updates
10 August 2017
New requirements under EU privacy laws
Litigation & Dispute Resolution Updates
19 July 2017
Freezing orders: shutting the door before the horse has bolted
Litigation & Dispute Resolution Updates
29 June 2017
D&O Policy insured defence costs in NSW saved by a New Act
Litigation & Dispute Resolution Updates
20 June 2017
Deal, or no deal? Do you have a binding settlement agreement?
Litigation & Dispute Resolution Updates
31 May 2017
A reminder on the necessity of compliance with dispute resolutions clauses
Litigation & Dispute Resolution Updates
17 May 2017
The gowns, the lease, the landlord and the tenant
Litigation & Dispute Resolution Updates
24 April 2017
Going viral: social media defamation cases on the rise
Litigation & Dispute Resolution Updates
07 April 2017
A win for open justice – suppression orders and freedom of the press
Litigation & Dispute Resolution Updates
20 March 2017
Think before recording: observations on secretly taping private conversations
Litigation & Dispute Resolution Updates
07 March 2017
Making headlines for the wrong reasons
Litigation & Dispute Resolution Updates
03 March 2017
Newsflash: mandatory reporting under the Privacy Act
Litigation & Dispute Resolution Updates
24 February 2017
President Trump’s executive order affects the privacy rights of non US citizens
Litigation & Dispute Resolution Updates
21 February 2017
Broken promises & resulting trusts
Litigation & Dispute Resolution Updates
07 February 2017
Looking for a wingman: price-fixing in ACCC v Flight Centre
Litigation & Dispute Resolution Updates
28 November 2016
Reminder: Unfair Contract Terms Amendments have come into force
Litigation & Dispute Resolution Updates
03 August 2016
Collateral contracts and contractual promises: Clarification from the High Court
Litigation & Dispute Resolution Updates
29 June 2016
How to respond when served with a subpoena: compliance, objection, setting aside, and recovering costs
Litigation & Dispute Resolution Updates
16 October 2015
Contractual Construction – further clarification from the High Court
Litigation & Dispute Resolution Updates
07 May 2015
New “chain of responsibility” laws widen the criminal law liability net for company directors and officers in the transport industry
Litigation & Dispute Resolution Updates
29 January 2015
The Lawyer’s duty – without fear or favour
Litigation & Dispute Resolution Updates
29 May 2014
The new bullying legislation - the first five months
Litigation & Dispute Resolution Updates
14 March 2014
Case¹ Note: Reasonable endeavours – the High Court speaks, 5 March 2014
Litigation & Dispute Resolution Updates
30 January 2014
The power of arbitration clauses
Litigation & Dispute Resolution Updates
07 November 2013
Inadvertent mistake in commercial litigation – a journey of discovery
Litigation & Dispute Resolution Updates
23 October 2013
WA’s shield laws pass their first test
Litigation & Dispute Resolution Updates
29 August 2013
To market, to market: Beba Enterprises Pty Ltd v Elle Pty Ltd [2013] WASAT 120
Litigation & Dispute Resolution Updates
03 July 2013
Your right to silence is fundamental
Litigation & Dispute Resolution Updates
28 June 2013
Casinos, unconscionability and gamblers
Litigation & Dispute Resolution Updates
22 May 2013
Reforms to the Privacy Act
Litigation & Dispute Resolution Updates
07 December 2012
High Court rejects “pressing need” as qualified privilege defence requirement – the South Sydney Rabbitohs defamation case
Litigation & Dispute Resolution Updates
20 November 2012
Defamation case win against Google for "image linking" – the power of the defamation concerns notice
Litigation & Dispute Resolution Updates
11 October 2012
Radio station 2GB dodges a defamation bullet (for now) – a win for the media on qualified privilege
Litigation & Dispute Resolution Updates
30 August 2012
Power to order inspections of plant and equipment
Litigation & Dispute Resolution Updates
13 June 2012
Will internet service providers (ISPs) get caught in the iiNet (decision) for online defamation?
Litigation & Dispute Resolution Updates
10 May 2012
James Hardie: When is an in-house counsel liable as an officer of a company?
Litigation & Dispute Resolution Updates
04 May 2012
Criminal liability – recent prosecutions for offensive material uploaded and disseminated via social media sites
Litigation & Dispute Resolution Updates
03 May 2012
James Hardie High Court decision - the importance of company minutes
Litigation & Dispute Resolution Updates
28 February 2012
Recovery of costs in litigation
Litigation & Dispute Resolution Updates
28 November 2011
Defamation actions - taking the tiger by the tail
Litigation & Dispute Resolution Updates
26 October 2011
Proving the width of publication of online defamation - how wide is the audience on the internet?
Litigation & Dispute Resolution Updates
30 September 2011
Consumer protection takes the stage?
Litigation & Dispute Resolution Updates
02 August 2011
The Centro case and the wider implications to directors’ and officers’ insurance
Litigation & Dispute Resolution Updates
01 July 2011
Exposing the internet mud chuckers
Litigation & Dispute Resolution Updates
24 June 2011
Are You Being Served? What to do if you receive a subpoena to produce documents
Litigation & Dispute Resolution Updates
28 February 2011
New Professional Conduct Rules for Inhouse Counsel
Litigation & Dispute Resolution Updates
30 September 2010
Disorganised litigation
Litigation & Dispute Resolution Updates
27 April 2010
Rectification costs for breach of contract
Litigation & Dispute Resolution Updates
27 November 2009
Don't go breaking our hearts: Federal Court issues Spammers fine of over $15 million Australian Communications and Media Authority v Mobilegate Ltd (No 4) [2009] FCA 1225
Litigation & Dispute Resolution Updates
09 September 2009
Gray Decision now Black and White
Litigation & Dispute Resolution Updates
04 May 2009
The responsibility for continuous disclosure announcements in the light of James Hardie - Australian Securities and Investments Commission and Macdonald (No 11) [2009] NSWSC 287
Litigation & Dispute Resolution Updates
24 April 2009
Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 157