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Arbitration: The Australian approach to the interpretation of arbitration agreements

In Rinehart v Hancock Prospecting, the High Court underlined that arbitration clauses are to be interpreted in accordance with orthodox contractual interpretation principles, but missed the opportunity to clarify whether the liberal presumptive approach to the interpretation of arbitration agreements laid down by the House of Lords in Fiona Trust is good law in Australia.

Financial Services Royal Commission Final Report – Key recommendations relating to consumer lending

The Banking Royal Commission was established by the Federal Government in December 2017.  The Federal Government released the Commission’s Final Report on 4 February 2019.  While the Commission has made a number of key recommendations that affect consumer lending, it has resisted making recommendations effecting wholesale change to the banking sector.

ALRC’s Recent Report on the Class Actions Regime: Key Recommendations

On 24 January 2019, the Australian Law Reform Commission issued a report entitled Integrity, Fairness and Efficiency – an Inquiry into Class Actions Proceedings and Third-Party Litigation Funders. The ALRC report sets out a comprehensive analysis of the current Australian class actions framework and makes 24 recommendations in relation to the regulation of class action proceedings and funding arrangements.  Key aspects of the recommendations are set out below.

The Hastie Class Action: the Privileges of Partnership?

All partners can potentially be liable for wrongs committed by any one partner, so can a partnership claim the privileges against self-incrimination and exposure to civil penalties? In some “extraordinary and troubling” circumstances, the Federal Court recently determined whether Deloitte Touche Tohmatsu could claim the privileges.