Representative or group proceedings (commonly known as ‘class actions’) are typically lawyer driven. As the costs can be substantial, the costs of such proceedings are increasingly being covered by litigation funders.  In two recent cases, Bolitho v Banksia Securities Limited…

In Grant Samuel Corporate Finance Pty Limited v Fletcher, the High Court of Australia has held that the bringing of an application within the time required by s 588FF(3) of the Corporations Act 2001 (Cth) is a precondition to the…

A person intending to present his or her case before a court without legal representation would be wise to first take a look at the case of Chapman v Colson, a recent decision of the Supreme Court of New South…

Two recent decisions of the Full Court of the Federal Court of Australia, Wilmink v Westpac Banking Corporation and Atkinson v Commissioner of Taxation, should serve as a warning to self-represented litigants not to pursue hopeless and nonsensical claims.  In…

An important exception to the indefeasibility of title of registered proprietors of land under Torrens legislation is fraud.  The High Court in Cassegrain v Gerard Cassegrain & Co Pty Ltd  recently clarified the ambit of the “fraud” exceptions to the…