News & Analysis as of

Supreme Court of New South Wales

K&L Gates LLP

Some "Serious" Developments in Defamation Law

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In 2021, one of the most significant changes to Australian defamation legislation, in most states and territories (save for Western Australia and the Northern Territory), was the introduction of a "serious harm" threshold to...more

K&L Gates LLP

And So It Begins… First Consideration of "Serious Harm" Threshold in Australian Defamation Claim

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The New South Wales Supreme Court has recently delivered its judgment in Newman v Whittington [2022] NSWSC 249 (Newman), providing the first Australian judicial consideration of the "serious harm" threshold now found in the...more

Hogan Lovells

The Arrium Proceedings – when is a company insolvent and when is a representation not a representation?

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The Supreme Court of New South Wales has recently handed down its decision in proceedings (“Arrium Proceedings”) brought by a number of lenders against former officers and employees of Arrium Limited and its subsidiaries...more

Jones Day

Australian High Court Rejects "First to File" Approach to Choosing Between Competing Class Actions

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There is no "one size fits all" approach to competing class actions. Five competing and overlapping shareholder class actions were commenced in two separate Australian courts against AMP Limited. All actions were...more

Jones Day

Australian Court of Appeal Endorses Stay of Competing Class Actions

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The Background: The competing class actions, particularly in relation to shareholder claims, have increased in Australia due to the incentives in the Australian legal market, namely minimal regulation of litigation funding...more

White & Case LLP

'Common Law Common Sense' delay analysis

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In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding...more

Jones Day

Supreme Court of New South Wales Relaxes Requirements for Class Actions

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The Situation: Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255 raised the question: In a situation where there are multiple defendants, is it necessary that a class representative have a claim against each...more

Jones Day

Statutory Protections vs. Freedom of Contract: A Shift in the Balance?

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The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more

Jones Day

Eshelby's Principle: A Lawyer's Fine Point

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Background: In Western Australia, a procedural rule called the "Eshelby principle" prevents the pursuit of causes of action grounded upon events arising only after the commencement of litigation. Other jurisdictions have...more

Proskauer Rose LLP

Three Point Shot - September 2017

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On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Mintz - Securities Litigation Viewpoints

After Adopting the “Fraud-on-the-Market” Presumption of Reliance, Australia is Poised to Become a Plaintiff-Friendly Venue

The United States is a popular location for securities class actions, due in large part to its reputation as a generally plaintiff-friendly system. A key contributor to that reputation is the acceptance of the...more

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