Has Australian commercial litigation recovered from the pandemic?

Last year, we looked at how the commencement of civil litigation in Australia had been impacted by the COVID-19 pandemic during FY20 and FY21. Around the country, there were nearly 20% less civil...

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Litigation in a pandemic – where have all the cases gone?

In recent years, commercial litigators have become accustomed to delays in interlocutory steps and adjournments of hearings and trials as the courts have responded to the COVID-19 pandemic and...

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Matters of Interest – Departing from the default

Most Australian superior and intermediate courts have the power to award successful litigants interest on monetary judgments for the period between their claim arising and judgment being given by...

Matters of interest – fixed or floating?

A recent decision of the Supreme Court of Queensland has highlighted the need to be vigilant when calculating pre-judgment interest, particularly in respect of long running litigation.

Recovery of cost of proceedings denied as a result of belated s477(2B) applications

In circumstances where the number of retrospective applications made by liquidators under section 477(2B) of the Corporations Act for Court approval to enter into agreements of more than 3 months...

Interesting outcomes from the WAGN tribunal decision

The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd's (ATCO) review of the ERA's revised access arrangement for the mid-west and south-west gas