Dispute Resolution & Litigation

A new era of ‘Appropriate’ Dispute Resolution (ADR)

The United Nations Convention on International Settlement Agreements Resulting from mediation (Singapore Convention) has been characterised by the Chief Justice of Singapore as a catalyst for viewing ADR as “appropriate dispute resolution”.[1] This fills a void within the international legal system by simplifying the process of enforcing cross-border mediation settlements. The Singapore Convention operates under a dualist model and is a vehicle that fosters certainty and enables parties to utilise mediation in circumstances where the most desirable outcomes can be achieved.

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The High Court of Australia Turfs Common Fund Orders

In a decision that will doubtless have wide-ranging ramifications in the funded class action space, the High Court has ruled that courts have no power to make common fund orders. Partners, Simon Morris and Martin del Gallego and lawyer, Danielle Bonanno, review the decision and what it means for class actions and group members moving forward.

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Security for costs | UK Deed of Indemnity

In 2016, Piper Alderman achieved a precedent setting decision for Litigation Capital Management which enabled it to provide security for costs by way of a deed of indemnity from a UK insurer: DIF III Global Investments Fund & Anor v BBLP LLC & Ors [2016] VSC 401 (DIF).

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Patience is a virtue, but time is of the essence

The Queensland Court of Appeal case of Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177 stresses the importance of serving an adjudication application on your opponent ‘as soon as possible’ after lodgement with the adjudication registry.

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