Latest by Emily Fischer

Blog

Court of Appeal holds that uncontroverted expert evidence can be rejected

Published on 04 November 2021. By Emily Fischer, Associate (Australian Qualified) and Parham Kouchikali, Partner

Gray tint 1

The Court of Appeal has held that there is no rule that an uncontroverted expert report which complies with CPR PD 35 cannot be impugned in submissions and ultimately rejected by the judge.

Read more
Blog

Freezing orders: when will past conduct show a real risk of dissipation?

Published on 16 January 2020. By Jonathan Cary, Partner and Emily Fischer, Associate (Australian Qualified)

Untinted 3

In Lakatamia Shipping Company Limited v Morimoto, the Court of Appeal overturned a decision to discharge a worldwide freezing order. This case provides helpful guidance as to when a respondent's prior conduct may support a finding that a real risk of dissipation exists. WFO; Dissipation; Su.

Read more
Blog

Anchor Defendants: Court of Appeal confirms no 'sole object' test applies

Published on 07 November 2019. By Andy McGregor, Head of Civil Fraud and Emily Fischer, Associate (Australian Qualified)

Untinted 5

Recently, the Court of Appeal confirmed that article 6(1) of the Lugano Convention is not subject to a 'sole object' test. Where claimants have a sustainable claim against an 'anchor defendant' that they intend to pursue to judgment, they may rely on article 6(1) to bring a foreign co-defendant within the jurisdiction. This will be the case even if the claimant's sole object in suing the anchor defendant is to sue the foreign co-defendant in the same proceedings.

Read more