Litigation and disputes

  • Inspection of documents in the Federal Court process

    Inspection of documents in the Federal Court process

    Document inspection in civil litigation before the Federal Court of Australia: rights of parties, rights of non-parties, court rules, and the two exceptions to presumption of access for non-parties.

  • Essentials for proving service in Federal Court

    Essentials for proving service in Federal Court

    Applicants must serve documents on Respondent personally. If evaded, can apply for Deemed or Substituted Service, with proof of attempts, and leave to serve outside Australia if overseas.

  • Greenwashing flagged as new ACCC priority

    Greenwashing flagged as new ACCC priority

    The Australian Competition and Consumer Commission (ACCC) is taking aim at businesses that mislead consumers with false environmental and sustainability claims. Find out what this could mean for businesses and what actions they need to take to stay compliant with the Australian Consumer Law.

  • What does a notice to admit mean in legal proceedings?

    What does a notice to admit mean in legal proceedings?

    Discover how a Notice to Admit can help you resolve civil legal proceedings more quickly and cost-effectively. Learn how this under-utilised tool can help you identify facts and documents quickly and easily.

  • Using discovery documents for other purposes

    Using discovery documents for other purposes

    The Harman Undertaking, established in 1983, requires documents disclosed during civil litigation not to be used in other Court proceedings. This article examines exceptions, when same parties are involved, and suggests that special circumstances must be established to receive leave of the Court.

  • Shareholder oppression – combined effects add up

    Shareholder oppression – combined effects add up

    A Court decision has highlighted the consequences of oppressive conduct between majority shareholders. Learn more about the case and the implications for understanding interactions between company members by reading this blog post.

  • Contemporaneous file notes: their purpose and legal requirements

    Contemporaneous file notes: their purpose and legal requirements

    Learn how contemporaneous file notes can be used as evidence in Court and how to ensure their admissibility. Find out what details to include and more in this comprehensive guide.

  • Federal Court – issuing subpoenas internationally

    Federal Court – issuing subpoenas internationally

    This article provides an overview of the rules and considerations to take into account when seeking to issue a subpoena to an overseas party in the Federal Court of Australia. It covers the need to take extra care when issuing a subpoena and the process for service of a subpoena internationally.

  • Security for costs in Federal Court

    Security for costs in Federal Court

    A Court may order a party to pay security for potential legal costs to their opponent. This article examines the law and considerations of the Federal Court in applications for security for costs.

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