The introduction of the Civil Procedural Act 2010 (Vic) has effected cultural change in many aspects of civil litigation in Victoria. One important reform is Pt 4.6, which deals with expert evidence. Since its introduction, Victorian courts have looked afresh at the appropriate use of expert...

Australia's apex court, the High Court of Australia, has recently rejected a constitutional challenge to Australia's adoption of the UNICITRAL Model Law on International Commercial Arbitration in Australia's International Arbitration Act. In so doing, it has provided useful guidance on the...

Part 2F.1A of the Corporations Act 2001 (Cth) provides for a statutory derivative action in Australia. Section 242 gives power to the court to make costs orders for derivative proceedings commenced with leave of the court under s 237. The manner in which courts deal with issues of costs impacts...

The New Zealand Supreme Court recently handed down a decision concerning the validity of a pathological arbitration agreement. The clause in question impermissibly purported to confer a right of appeal to the New Zealand courts on questions of fact. The agreement was upheld by the court at first...

On 8 May 2019, the High Court of Australia handed down its eagerly anticipated decision in Rinehart v Hancock Prospecting Pty Ltd. It was hoped that the High Court would clarify the Australian approach to the interpretation of arbitration clauses, including whether the ‘presumptive liberal...

In Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd [2018] SGHC 78, Quentin Loh J extended the preclusive effect of Art 16(3) of the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration ("the Model Law") to a party that did not...