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Regulatory Investigations and Client Legal Privilege: ASIC v Macleod
The landmark ASIC v Macleod decision reaffirms that legal professional privilege can be maintained even when documents are shared with regulators under a voluntary disclosure agreement. This post examines the critical implications for professionals facing regulatory scrutiny, highlighting the importance of early legal engagement and proper privilege protection strategies in an increasingly complex regulatory landscape.
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Shareholder breakups and oppression proceedings
The Supreme Court of Victoria's dedicated Oppression Proceedings List offers business owners a streamlined and effective solution for resolving shareholder disputes in as little as six months. This post highlights how the Court's proactive case management approach—featuring standardized orders for document access, valuation timetables, and early mediation—cuts through the complexity of corporate breakups to deliver more efficient, cost-effective outcomes for warring business partners.
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When company disputes become shareholder oppression
Shareholder oppression laws protect minority interests in Australia's 3.4 million companies, allowing courts to intervene when conduct unfairly prejudices members—but as recent cases show, not every company dispute qualifies for these protections under the Corporations Act.
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Psychology of litigation: A plaintiff and insured perspective for insurers
Why do insurers rarely make early settlement offers when litigation costs can devour $250,000 for modest claims? This analysis reveals how the psychology of delay hurts all parties and makes a compelling business case for more strategic, proactive settlement approaches that could save insurers money while reducing the emotional toll on everyone involved.
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Expert witnesses are so crucial to legal proceedings
Expert witnesses can make or break your case, but many reports submitted to VCAT fail to meet basic requirements. This post highlights four critical shortcomings frequently observed in building and Water Act proceedings: experts who act as advocates rather than independent advisors, opinions extending beyond qualifications, premature Scott Schedules, and incomplete declarations—all of which can undermine your case's credibility.
Articles about Litigation page 3
We write about recent legal updates, significant court cases, and changes to regulations. Keep informed about the latest developments in Australian law.
