Defamation law reforms stage 2 — tips and traps for practitioners
Further changes are being made to defamation laws in multiple Australian jurisdictions—including Victoria— especially with respect to online publications. This article identifies some of the key changes and associated risks for defamation practitioners.
More changes at VCAT provide clarity
Legislative changes address recent decisions regarding the extent of VCAT’s jurisdiction.
Jurisdiction and limitation changes at VCAT
Recent decisions in the Supreme Court of Victoria and the Victorian Civil Administrative Tribunal (VCAT) have upturned assumptions about the extent of VCAT’s jurisdiction with wide-reaching implications for litigants and legal practitioners.
New Traps In Defamation Reforms
Wide-ranging changes to defamation laws require close attention by practitioners to avoid the risk of claims. This article flags some key changes and areas of risk for defamation practitioners.
Acting in litigation
Skipping litigation basics can land a practitioner in hot water. Here are some examples of when and where litigation can go wrong due to simple errors and failure to manage the legal issues, and the client looks to the practitioner to recover their loss.
New ipso facto regime has commenced
The amendments to the insolvency regime in the Corporations Act 2001 (Cwlth) to restrict the rights of parties to enforce ipso facto clauses in new contracts came into effect on 1 July 2018.
Why apologise?
This article looks at the difference between an admission of liability and an apology, and how an apology can be prepared in a form that does not amount to an admission of liability.
Contractual rights to be unenforceable when linked to insolvency events
The insolvency regime in the Corporations Act 2001 (Cwlth) has been amended to restrict the rights of parties to enforce ipso facto clauses in new contracts from the 1 July 2018 unless the amending Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cwlth) is proclaimed earlier.
