Litigation and Alternative Dispute Resolution


Authors: Mark Brookes, Partner & Greg Stirling, Senior Associate

Introduction

A recent decision of the New South Wales District Court in the matter of Bird v Stonham t/as John Stonham & Co Lawyers [2019] NSWDC 419. has provided a useful reminder of a number of principles applicable to the consideration of negligence claims against solicitors arising from failed litigation.

Read more: Court Clarifies Solicitors' Pre-Litigation Duty to Clients


On 4 September 2019, the High Court confirmed in Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. that the so-called Chorley exception is no longer part of the common law of Australia.

Read more: Self-Represented Legal Practitioners Can No Longer Claim Professional Costs


Authors: Rebecca Stevens, Partner, Sarah Tuhtan, Senior Associate & Lucy Harris, Law Graduate

The recent decision of TRG v Board of Trustees of the Brisbane Grammar School [2019] QSC 157. is the first case to consider the newly-amended s 48(5A) of the Limitations of Actions Act 1974 (Qld) (LAA) that confers the courts with the discretion to set aside previously reached settlement agreements for historical child sexual abuse claims.

Read more: In What Circumstances Will Settlement Agreements be Set Aside in Historical Sexual Abuse Cases?


Authors: Katherine Hayes, Partner and Greg Stirling, Senior Associate

Introduction

A recent Supreme Court of Queensland decision in the case of Bankier v HAP2 Pty Ltd [2019] QSC 101 has highlighted the need for financial advisers to enquire into their clients’ personal circumstances and warn of the material risks of implementing their advice, particularly when they are aware of issues that may impact their clients' future earning capacity. 

Read more: To What Extent Must Financial Advisers Know Their Clients?


The first public sitting of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Commission) was held on 16 September 2019. Partner Tom Griffith and Senior Associates Antony Disciscio and James Nunn provide a summary.

The first public sitting did not involve any witnesses, and there was no leave to appear granted to any parties, rather its purpose was for the Commission to set out its work to date, its priority areas of enquiry and its expected course.

Read more: Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - First...