All Posts By

Greg Carter

Confidential information

When may in-house counsel have access to the confidential information of another party to litigation?

By | Confidential information

When may in-house counsel have access to the confidential information of another party to litigation, where in-house counsel is giving instructions at trial? This question is examined in Merial, Inc. v Intervet International B.V. [2016]…

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Credit card late payment fees

High Court finds that credit card late payment fees do not constitute unenforceable penalties

By | Contract

A win for ANZ (and other banks in similar litigation) but a decision that has increased the scope for disputation concerning alleged penalties.  The case is Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28….

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negligent legal advice

High Court on liability of lawyers for negligent advice concerning the settlement of litigation

By | Solicitors

In a controversial decision the High Court has held 5-2 that advocate’s immunity does not apply where a lawyer gives negligent advice that leads to settlement of litigation by agreement between the parties, whether or not…

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oral evidence

NSW Supreme Court on the reliability of affidavit versus oral evidence

By | Evidence

A reminder of the respective limitations of affidavit and oral evidence, when one method might be preferred over another, and what, if any, reliance should be placed on witnesses’ recollections of events and conversations The…

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performance bond

WA Supreme Court on restraining the enforcement of performance bonds

By | Contract

The plaintiff applied for an interlocutory injunction to restrain the defendant from realising a performance bond given in connection with a contract for the completion of engineering work on the Roy Hill Iron Ore project…

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