Counsel as strategists — the wisdom of briefing counsel upfront Laina Chan NINE WENTWORTH   The standard model for running litigation in Australia is that solicitors are retained at the outset to set the initial strategy, carry out the preparation of the matter and eventually at the recommendation of the solicitor, retain counsel to assist. This

Toby Shnookal QC (2013) 8.4 CLInt 32. The Victorian Court of Appeal’s judgment in Dura endorsed the decision of the Full Court of the Supreme Court of Western Australia inWMC Resources v Leighton Contractors Pty, and rejected the English approach of the House of Lords in Beaufort Developments (NI) Ltd v Gilbert-Ash NI Ltd.  

This article examines the process of enforcement and the legislative framework for the enforcement of international arbitral awards in Australia, Singapore, Hong Kong and Indonesia. It does so using the case study of the long-running dispute between Malaysia’s Astro Group and Indonesia’s Lippo Group, in which Lippo has effectively avoided the enforcement of an award

(2013) 41 ABLR 314 In 1915 the House of Lords delivered reasons for judgment in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd in which it set out the applicable test and guidelines to determine whether a stipulated sum payable on breach of a contract was to be treated as liquidated

Andrew P. Downie Presentation to Legalwise 28 November 2013 This paper considers the decision of the High Court in Andrews v Australia and New Zealand Banking Group Ltd (2012) 290 ALR 595 and its impact on time bars, withholding clauses and like terms in construction contracts.

Albert Monichino S.C. Paper presented to the Leo Cussen “Commercial Litigation Conference” on 28 November 2013 in Melbourne.   Since 30 October 2012, Victorian courts have been given increased powers to determine how expert evidence may be used in court proceedings. These powers derive from the introduction of a new Part 4.6 of the Civil