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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Norton Rose Fulbright Australia ordered by Published Date Descending.
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What is so special about lawyers anyway? - Legal professional privilege
Lawyers are in a unique position with their clients, when faced with legal and ethical questions of public interest.
Australia
26 Dec 2018
2
Guidance on duty of disclosure notices released in recent insurance regulation
Although the duty of disclosure procedure has been simplified, the changes introduced multiple variants of the notice.
Australia
28 Jul 2015
3
The tortuous path to avoidance - Graham v Colonial Mutual Life Assurance Society Limited (No 2) [2014] FCA 717
This recent case highlights the difficulties insurers face in obtaining redress for seemingly blatant non-disclosure.
Australia
28 Aug 2014
4
Common interest privilege between insurers and insureds and the Asahi case
It is timely to review established authorities on common interest privilege and to view the Asahi case in that context.
Australia
28 Aug 2014
5
Preliminary discovery only if genuine 'desire' to litigate
An applicant for preliminary discovery must establish that it is based on a genuine desire to commence proceedings.
Australia
19 Jan 2013
6
General: 12 Principles of privilege applied
A recent case considered the issue of privilege.
Australia
15 Sep 2012
7
General: Privilege over brief to expert waived
A recent Victorian case considered the issue of privilege in expert reports.
Australia
15 Sep 2012
8
General: Loss adjuster’s reports declared privileged
A recent decision upheld an insurer's claim of legal professional privilege over a loss adjuster's reports.
Australia
15 Sep 2012
9
General: Disclosure in the equity division
Significant changes have been made to the discovery process in the Equity Division of the NSW Supreme Court.
Australia
16 Jun 2012
10
Issuing Subpoenas Must Be "On The Cards"
A recent decision of the NSW Court of Appeal has confirmed that the test for whether a subpoena to produce has a legitimate forensic purpose is whether it is "on the cards" that the production of such documents will assist the applicant.
Australia
20 Aug 2010
11
Disclosure Document Preparation and Updating - Traps for the Unwary
Disclosure document preparation and updating is seen to be relatively straight forward exercise, a bit like filling in a form. But the Code contains quite a few traps for the unwary, and the overlay of the s52 prohibition on misleading or deceptive conduct is frequently overlooked. In this article we explore some of the traps, and note some of the common mistakes people make when completing disclosure documents. We conclude that the relatively low cost of external involvement in this exercise on
Australia
5 Aug 2010
12
Waiver of Privilege – The Impact of ASIC’s Investigation Powers on Legal Professional Privilege
In October 2009, the Court of Appeal in Victoria provided further guidance on the impact of the investigative powers of the Australian Securities and Investments Commission (ASIC) on the right to claim legal professional privilege (LPP) (Australian Securities and Investments Commission v Lindberg and Anor (2009) 261 ALR 207) ...
Australia
1 Apr 2010
13
Proving Privilege And The Obligation To Substantiate The Claim
The recent decision in Telstra Corporation Limited v Minister for Communications, Information Technology and the Arts (No. 2) [2007] FCA 1445 (12 September 2007) should be noted where there is potential for a government department or agency to provide preliminary discovery of documents.
Australia
12 May 2008
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