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Navigating The Rules Of Discovery
Discovery in litigation requires parties to identify, preserve and produce thousands of documents over expansive time periods, from emails to hard-copy records. Failing to properly disclose relevant documents can result in adverse costs orders, evidence exclusion and even contempt proceedings. Understanding the four key questions to ask of every document—whether it qualifies as a document, if you control it, its relevance, and whether it's privileged—can help navigate this burdensome and expensi
Australia Litigation
M
McCabes
Article
Broker Negligence, Hypothetical Cover And Section 54
The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.
Australia Insurance
GC
Gilchrist Connell
Video
It Depends – What Are The Proposed Changes To The Taxation Of Discretionary Trusts In The 2026 Federal Budget? (Video)
The Australian federal government's 2026 Budget introduces significant changes to discretionary trust taxation, implementing a minimum 30% tax rate at the trust level from July 2028. While certain trusts including fixed trusts, charities, and existing testamentary trusts receive exemptions, new discretionary testamentary trusts face strict requirements limiting beneficiaries to individuals only. Understanding these proposed reforms and their implications for asset protection, estate planning, and business s
Australia Tax
CG
Cooper Grace Ward
Article
Will The Real Swim Shady, Please Stand Up?
Eminem's legal team has challenged an Australian beach lifestyle brand's trade mark application, arguing that 'Swim Shady' is confusingly similar to his iconic 'Slim Shady' persona. Australia's Registrar of Trade Marks has now ruled on whether the rapper's existing Australian registrations provide sufficient grounds to block the beach brand's application, with the decision turning on evidence of genuine use across merchandise categories.
Australia IP
B
Boult Wade Tennant
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