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Functus – the risks of bifurcation

The Western Australian Court of Appeal upholds a primary judge’s decision that an arbitral tribunal’s interim award on liability meant that the tribunal was functus officio and prevented it considering additional liability issues in a bifurcated arbitration.

Is a fiduciary relationship a precondition to the right to trace? The Full Court of the Federal Court says ‘no’

This case note reviews a decision of the Full Court of the Federal Court on the question of whether or not a person seeking to trace money or property must first establish the existence of a fiduciary relationship. In analysing the divergent views evident in a number of cases, the Court unanimously held that a fiduciary relationship is not a precondition.

Class Actions in Parallel with Regulatory Proceedings

What happens when a regulator takes court action against a corporation alleging misconduct, and a class action is brought against the corporation for the same or similar alleged misconduct? This article introduces the debate around why class actions are brought in parallel to regulatory proceedings, and flags some of the case management issues that practitioners involved in parallel proceedings need to be across.