LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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Arbitration and Dispute Resolution in the Space Sector

Kristy Zander, Brooke Hall-Carney, Nick Gallus and Mark Giddings of LK spoke with Melissa de Zwart, Professor at the Jeff Bleich Centre for the US Alliance in Digital Technology, Security & Governance at Flinders University, on Arbitration and Dispute Resolution…

Mary-Louise Rahaley

Are You a Company Director? You’ll Now Need a Director ID

Company directors in Australia are now required to verify their identity by way of the new director ID regime. All directors of a company, registered Australian body, registered foreign company or Aboriginal and Torres Strait Islander corporation will need a…

Stephanie Lo

Australian Regulators Crack Down on Companies Promoting Goods Purported to Prevent COVID-19

Since COVID-19 was declared a pandemic in March 2020, Australian regulators have been targeting companies that advertise or sell products with purported but unproven preventative or curative effects with respect to the COVID-19 virus. In a notable example, the Therapeutic…

Madeleine McCarthy and Mark Giddings

Testing the Limits of COVID-19: Federal Court Delivers its Judgment in the Second Business Interruption Test Case

On 8 October 2021, Justice Jagot handed down the Federal Court of Australia’s first instance decision in Swiss Re International Se v LCA Marrickville Pty Limited [2021] FCA 1206 (Swiss Re International Se). This decision is the second business interruption…

Scott Foreman and Astrid Gillam

Billion Dollar Satellite Dispute Rages on a Decade After it Began

The dispute between the privately held Devas and the Indian Government owned Antrix over a satellite deal gone wrong makes for compelling drama. Ten years after the dispute began, and after numerous arbitral awards and court actions sprawling across multiple…

Mark Giddings and Sophie Howe

Third Party Funding Under the New ACICA Rules: Can Claimants Have Their Cake and Eat It Too?

A far cry from the traditional illegality of champerty and maintenance, claimants and arbitral institutions alike continue to embrace third party funding arrangements.  Despite arbitration being heralded as a cost-effective alternative to litigation, many complex commercial arbitrations remain costly and…

Liam McInerney and Lisa Loechel

The Costs of Doing Business – When Will a Litigation Funder Be Held Liable For a Non-Party Costs Order?

In a recent decision of the Supreme Court of New South Wales, Jin Lian Group Pty Ltd (in liq) v ACapital Finance Pty Ltd (No 2) [2021] NSWSC 1202, Stevenson J considered whether a successful defendant was entitled to a…

Madeleine Harland and Tim Bost

Shattering the Mirror: Privy Council Confirms Highly Specific and Limited Scope of Reflective Loss Principle

The recent decision of the Judicial Committee of the Privy Council in Primeo Fund (In Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor [2021] UKPC 22 (Primeo) has endorsed the approach of the UK Supreme Court in Marex…

Kristy Zander and Madeleine Harland

Testing the Limits of COVID-19: High Court Rejects Special Leave for Business Interruption Insurance Test Case

On 25 June 2021, the High Court rejected an application brought by the Insurance Council of Australia (ICA) for special leave to appeal against the New South Wales Court of Appeal decision in HDI Global Specialty SE v Wonkana No…

Scott Foreman and Astrid Gillam

DEAL with it: the prima facie approach to a stay of court proceedings in favour of arbitration

A recent decision reiterates the courts’ pragmatic approach to ordering a stay of proceedings in favour of the parties’ dispute being determined by arbitration. In CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820, Rees J held that practicality…

Rebecca Yorston and Sam Leeson
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