Evidence, Australia

NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

K&L Gates LLP on 7/25/2023

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff...more

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

White & Case LLP on 3/30/2022

In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Australia-U.S. Cooperation in Criminal Cases

Jones Day on 6/4/2021

U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States—even without having offices or any physical presence in the United...more

Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations

Jones Day on 4/14/2021

The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

Jones Day on 11/11/2019

The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Taking Depositions of Remote Witnesses in Truly Remote Places

Planet Depos, LLC on 9/25/2019

Taking a deposition of a remote witness, especially internationally, often involves thinking outside the box and stepping outside your comfort zone. When taking depositions of witnesses in more remote areas of the world, the...more

Privileges Against Self-Incrimination and Penalties to Impact Australian Class Action Strategy

Jones Day on 11/1/2018

The Background: In a shareholder class action, the plaintiff sought discovery of documents from the defendant partnership in relation to alleged statutory contraventions associated with its role as auditor of a company that...more

Too Much of a Coincidence? Evidence of Tendency to Prove Sexual Harassment Claims

K&L Gates LLP on 9/27/2013

In a decision that has wide reaching implications for future sexual harassment claims, the Federal Court has found that an applicant is entitled to bring evidence of their employer acting in a similar manner towards other...more

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