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 …
Class actions: When is the lawyer’s relationship with the litigation funder too close? Read more »
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 …
Unrepresented litigant found to have abandoned a limitation defence Read more »
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 …
A warning to self-represented litigants – Don’t pursue hopeless and nonsensical claims! Read more »
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 …
Indefeasibility of title – the ambit of the “fraud” exceptions Read more »