Update: Western Australia’s Class Action Reform Bill

    By Ante Golem, Jonathan Tong and Libby Plajzer In our Legal Briefing dated 26 August 2022 (Legal Briefing), we reported that the Civil Procedure (Representative Proceedings) Bill 2021 (Bill) was currently before the Legislative Council Western Australia for its second reading speech. On 31 August 2022, the Bill passed through the Legislative Council. Consequently, Western … Read more

    Claim against broker for pool damage fails on causation

    By Mark Darwin and Laurence Terret A policyholder claim for negligence against its insurance broker has failed on the issue of causation even though it proved the broker had been negligent.[1]  The decision in Flanagan v Bernasconi[2]  is an important reminder that to succeed in actions for professional negligence, it is not sufficient to simply prove a … Read more

    Legal briefing: Western Australia’s Class Action Reform Bill

    By Ante Golem and Libby Plajzer In October 2015, the Law Reform Commission of Western Australia released its Final Report on Representative Proceedings (the Report). The Report made seven recommendations for reform, including that Western Australia enact legislation to create a regime for ‘representative actions’ based on Part IVA of the Federal Court of Australia Act 1976 (Cth) (FCA). Read more