At the end of last year, the House of Representatives Standing Committee on Industry, Innovation, Science and Resources (Committee) handed down its report into Australia’s space industry and the associated legal framework: ‘The Now Frontier: Developing Australia’s Space Industry’. The…
Mark Giddings, Sophie Howe and Ashwini RavindranKristy 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 RahaleyA 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 LoechelThe 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 HarlandOn 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 GillamA 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 LeesonOn 14 June 2021, the Judicial Committee of the UK’s Privy Council handed down judgment in Betamax Ltd v State Trading Corporation (Mauritius) [2021] UKPC 14. The judgment can be found here. The case has important ramifications for the extent to which…
Adam GreavesJustice Anastassiou of the Federal Court of Australia has recently delivered two interlocutory decisions in the context of the highly publicised insolvency of Germany’s Greensill Bank AG. Given that reported decisions on the recognition of foreign insolvency proceedings in Australia…
Madeleine HarlandOn 19 April 2021, the Judicial Committee of the Privy Council handed down its judgment in RAV Bahamas Ltd & Bimini Bay Resort Management Limited v Therapy Beach Club Incorporated [2021] UKPC 8, a landmark case in law on challenges to arbitral…
Adam GreavesOkpabi v Royal Dutch Shell Plc [2021] 1 WLR 1294 (Okpabi) was a jurisdiction appeal which raised the question of whether the claimants had an arguable case that a UK-domiciled parent company owed them a common law duty of care,…
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