Tag archives: litigation

Class Actions in Australia: Fact versus Fiction

With the two Law Reform Commission inquiries into class actions and litigation funders, the highly publicised class actions such as GetSwift, and the growing presence of litigation funders in Australia, it’s almost impossible to avoid the discussions about Australia’s class action landscape – And you can bet that the spotlight on class actions will only … Continue reading

Fast track to hearing: tips for your next expedition application

From time to time, applications are made by a party to proceedings to expedite the hearing because of a feature about the case raises a need for urgency (for example, a dying plaintiff). However, often when an application is made to fast track the proceedings, it can raise issues of prejudice for the respondent, by … Continue reading

The ABCs of legal writing

Immortalised in the George and Ira Gershwin song “Let’s call the whole thing off” is the disparaging of different approaches to pronunciation; “You like potato and I like potahto, You like tomato and I like tomahto, Potato, potahto, tomato, tomahto!” According to Wikipedia, the Gershwin song intentionally uses a non-standard pronunciation as an exaggeration of … Continue reading

Predictive coding in discovery saves 583 weeks of a young lawyer’s life

The Supreme Court of Victoria has become the first court in Australia to order the use of technology assisted review (also known as TAR), or predictive coding, in discovery. The Court has also issued a new practice note on Technology in Civil Litigation, which came into effect on 30 January 2017.   The Court requires parties … Continue reading

“Personalities in the Law: The Lawyers”

With no medical or psychological training other that my 35 years on this earth, I strongly believe that the litigation process for any single claim is largely dependent on the personalities of those involved. This does not just include the clients (who are obviously emotionally involved in a dispute) but also the solicitors and even … Continue reading