Commercial Litigation Publications
2010
March 2010
Winner doesn't always take all
In a recent case before the Supreme Court, a decision was made which affirmed the general rule that costs will be awarded to the successful party in litigation, but was a reminder that the determination to award costs is always a matter of judicial discretion and may be shaped to reflect the substantive merits of the conduct and outcome of the case. In this bulletin we examine this case.
2009
May 2009
The High Court Decision in IceTV and Nine Network
Bartier Perry acted for Ice TV in one of the most significant High Court copyright cases in Australia for many years (IceTV Pty v Nine Network Australia Pty Ltd [2009]). In this bulletin we review the case and touch on the implications for business.
2008
March 2008
Litigation funding in insolvency administrations
The boundaries and limitations of access to commercial litigation funding in insolvency administrations are continually developing. In this bulletin we review a recent decision of Justice Palmer in the Supreme Court of NSW in which he criticised the practice commonly referred to as "churning and burning", which contains some interesting observations of which all liquidators should be aware.
2007
March 2007
Recovery of in-house legal costs - not time sheets again!
It is usual in commercial proceedings, where parties are legally represented, for costs to be awarded against an unsuccessful party. An award of party/party costs provides the recipient with a partial indemnity for the legal costs expended over all or part of the life of the proceedings.
Both practice and principle are clear where an external lawyer is retained – but what about the costs to a company of the involvement of in-house counsel in proceedings?
In this Bulletin we review some cases in which the ability of a successful party to claim in-house counsel’s costs have shown there is no real difference between in-house and external lawyers for this purpose.
January 2007
Home Building Act questions answered
As of 1 May 1997 the Home Building Act radically changed the regulation of residential building in NSW. In this Bulletin we cover a recent case which provides clarification of a number of provisions of the Act relating to rectification work.
2006
December 2006
I lose, you pay - last minute adjournments of wind-up applications
In this bulletin we discuss a recent insolvency case in the Supreme Court of NSW in which a creditor, in unsuccessfully opposing an adjournment application of the winding up proceedings, was awarded its costs. The company in administration sought an adjournment to consider a deed of company arrangement. It was determined that the company in administration in obtaining the adjournment should still pay the opposing creditor's costs.
November 2006
When more is less - the rise of proportionate liability
In this Bulletin we review the implications for parties to litigation and commercial contracting of the principle of proportionate liability as recently introduced under the Civil Liability Act 2002.
September 2006
Company - Lawyer - Auditors - oops!
When audit time comes around, it is normal practice for a company to ask its lawyers to send a "solicitor's representation letter" to its auditors. If the company is involved in litigation, what would be the outcome if the other party to the litigation sought to subpoena these confidential communications in order to obtain useful information? Would the communications be immune from disclosure in the court?
2005
October 2005
New Debt Collection Guideline: Are you complying?
On 14 October 2005 the Australian Competition and Consumer Commission ( ACCC) and the Australian Securities and Investment Commission (ASIC) released a joint debt collection guideline. In this bulletin we review the key features of this Guideline.
September 2005
New technologies - avoid the pitfalls by documenting the deal
Bartier Perry acted in defending Supreme Court proceedings brought by a global marketing communications company in respect of the supply of two digital printing presses in 1989 and 1999. In this bulletin we examine the key lessons to be learnt in a case of this kind which was typical of a dispute arising out of the supply of new technology.
June 2005
Double proofs you won't find on the top shelf
In this bulletin we examine the circumstances under which suppliers of goods and services will be able to claim debts owed to them from more than one purchaser or from guarantors when one becomes insolvent.
March 2005
Security of Payment Act .... a refresher
On 3 November 2004 the Court of Appeal handed down a judgement which overturned the Supreme Court’s interpretation of the Building and Construction Industry Security of Payment Act. In this bulletin we revisit the key elements of the Security of Payment Act.
2004
August 2004
Information, close monitoring and quick action ... the key to reducing bad debts
To minimise bad debts, obtaining information early in the relationship and implementing some simple rules can substantially reduce bad debts and reduce the time it takes for tardy customers to pay. Prompt action once the debt goes bad will maximise your chance of recovery.
2003
March 2003
Good news for builders?
A recent decision of the Court of Appeal of NSW and the enactment of legislation making further changes to the home building regime in New South Wales gives builders some hope of being able to stay away from expensive litigation.
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