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The Commonwealth Guide to Mediation: A Resource for Practitioners and Policy-makers is a comprehensive and insightful resource guide that offers valuable information and guidance on mediation as an alternative dispute resolution practice. Written by Matthew Goldie-Scot and Alexandra Tigan, this guide explores the history, development, and applications of mediation. To find out some of the key take aways for litigation lawyers read our blog.

In this landmark Supreme Court case, Hunt Leather Pty Ltd and Ancio Investments Pty Ltd brought a class action against Transport for NSW regarding the construction of the Sydney Light Rail and its impact on properties. While the lead plaintiffs, Hunt Leather and Ancio, succeeded in proving substantial and unreasonable interference with their businesses, individual business owners were unable to establish the same. The case raises important considerations for litigation lawyers regarding the elements of nuisance claims and the assessment of damages.

A mediator helps parties in a dispute to communicate, identify issues, explore options, and reach their own agreement. Mediation is helpful because it allows parties to avoid costly litigation, maintain control over the outcome, and preserve relationships.

Sometimes gifts and transactions involving elderly persons can be set aside because of a lack of capacity, undue influence or where the transaction is unconscionable. Read to find out more.

Explore the legal intricacies of vicarious liability as the High Court delves into the Schokman case, meticulously scrutinizing its application within workplace incidents. This thought-provoking legal battle revolves around Aaron Schokman, a former competitive swimmer with unique medical challenges, and CCIG Investments Pty Ltd's alleged breach of duty. Delve into this case to gain valuable insights into the evolving parameters of vicarious liability and how it influences the responsibility of employers for their employees' actions.

This article delves into the contentious issue of class action waiver clauses in consumer contracts and their potential for fairness. Focusing on the Ruby Princess Litigation, where a passenger contested the enforceability of such a clause, the article examines the arguments and legal perspectives involved. It raises an interesting question about the use of differential pricing as a means to make class action waiver clauses fair. By offering consumers the choice between two contracts—one allowing representative proceedings and the other waiving that right—this approach aims to ensure fairness by accurately reflecting the value associated with each option. The article explores key aspects of the debate, such as extra-territorial reach and legal scrutiny, and discusses the ongoing legal proceedings and potential implications.

Legal professional privilege, a vital concept in the legal realm, plays a crucial role in maintaining the confidentiality of specific communications associated with legal advice or services. In this article, we delve into the intricacies of legal professional privilege, its various types, and its implications, focusing particularly on the perspective of in-house lawyers.What is Legal Professional Privilege?

In the ever-evolving landscape of consumer contracts, class action waiver clauses are becoming increasingly common. These clauses present unique challenges, particularly in terms of their potential to be deemed "unfair" under the Australian Consumer Law (ACL). This article aims to examine the circumstances under which class action waiver clauses may be considered "unfair" under the ACL and shed light on a recent case that has shaped this discourse.

School enrollment contracts are important documents that outline the rights and responsibilities of both parents and schools. However, there have been concerns about the potential unfairness of certain terms within these contracts. Unfair contract terms can impact the rights of parents and students, leading to potential financial burdens and limitations on their choices. To ensure the rights of parents and students are protected, schools should review and revise their contract terms. Schools should consider the following measures: transparency and clarity, reasonable notice periods, financial hardship considerations, dispute resolution mechanisms, and compliance with consumer protection laws. By following these measures, schools can help to ensure that their enrollment contracts are fair and transparent, and that the rights of parents and students are protected.