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By Elizabeth Macknay, Timothy Goyder, Inigo Kwan-Parsons and Samara Cassar In Power and Water Corporation v ENI Australia B.V [2022] WASC 376 the Supreme Court of Western Australia has provided clarification on the use of ‘urgent relief’ clauses, which permit parties to an arbitration agreement to obtain urgent relief from a court. Read more
Episode 19: Insuring yourself against class action defence costs Join our expert panel of Peter Holloway, Anne Hoffmann and Priscilla Bourne as they discuss the myriad considerations to make as an insurance policyholder when it comes to managing class action defence costs. Read more
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
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
Episode 18: Threatened class actions: the how, where and why Join class actions partners Liz Poulos, Harry Edwards and Ruth Overington as they discuss the implications of threatened class actions and current trends, and consider different funding models and other key drivers affecting a claim being filed. Read more
By Jason Betts, Chris Tran, Vanessa Leyshon, Sam Bytheway and Bowen Fox This month, the Victorian Supreme Court resolved a multiplicity dispute between competing class actions brought against energy company Beach Energy and granted the third ever Group Costs Order. Read more
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
From investments in mining and infrastructure, to agricultural commodities and green energy, Latin America and the Asia Pacific region are increasing trade and commercial ties. As those ties grow, so does the potential for disputes, particularly in the current geopolitical context created by the war in Ukraine, price spikes, supply chain and other disruptions, and … Read more