LK Blog

Parliamentary Report Considers Reforms to Australia’s Space (Launches and Returns) Act 2018

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 Ravindran

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

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

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

Setting Aside Arbitral Awards on the Grounds of Public Policy – a Recent Decision of the UK’s Privy Council

On 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 Greaves

COMI, or not COMI? Federal Court of Australia Grants Foreign Main Proceeding Recognition to Greensill Bank AG’s German Insolvency

Justice 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 Harland

Challenges to Arbitral Awards: Landmark Privy Council Decision

On 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 Greaves

Holding the Parent to Account – When will a Parent Company be Held Responsible for the Conduct of its Subsidiary?

Okpabi 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,…

Madeleine Harland and Tim Bost
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