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Daniel Meyerowitz-Katz
May 15, 202454 min read
Election Between Contractual Rights: Reconciling the Authorities by Recognising Differences
The below is the unedited manuscript for an article that was published in the Law Quarterly Review at (2024) 140 LQR 198. Introduction...
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Daniel Meyerowitz-Katz
Jan 28, 202429 min read
Explainer: ICJ South Africa vs Israel Preliminary Measures Decision
Over the past few months I have deliberately refrained from speaking publicly about the current conflict between Israel and Hamas. There...
1,232 views0 comments
Daniel Meyerowitz-Katz
Jun 23, 202319 min read
No, Chat GPT Cannot be Your Lawyer
(Also: how an AI bot holds up under cross-examination) I saw the following tweet not so long ago about how to "turn Chat GPT into your...
815 views0 comments
Daniel Meyerowitz-Katz
Aug 20, 202213 min read
Evidence Preparation Pro Tip: Show, Don't Tell
This post addresses by far the most common problem that I see in affidavits or witness statements. The problem is what is often referred...
538 views0 comments
Daniel Meyerowitz-Katz
Apr 8, 202249 min read
Fiduciary Duties of Representative Parties: Conflicting Case Law and Conflicting Interests
Below is the unedited manuscript of an article that was published in the Australian Law Journal, citation (2022) 96 ALJ 185. Abstract...
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Daniel Meyerowitz-Katz
Sep 9, 20213 min read
Drafting pro tip: "me" is a word in the English language
Here's something that makes me angry: when I read a sentence like, "The next day John sent an email to myself and Amy saying blah." A...
503 views0 comments
Daniel Meyerowitz-Katz
Mar 22, 202136 min read
After-the-event insurance and security for costs: inconsistency in the Australian approach
The below is the text of my article which was published in the Journal of Civil Litigation and Practice as (2021) 9 JCivLP 122 Daniel...
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Daniel Meyerowitz-Katz
Feb 14, 20214 min read
Pleadings pro tip #2: "full force and effect" has no force or effect
This is the second in what may someday become a series of posts aimed at stamping out bad pleadings habits (first one here). This time we...
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Daniel Meyerowitz-Katz
Sep 6, 20205 min read
Supplementary Submission to the Parliamentary Inquiry on Litigation and Class Actions
Further to this post, I made a supplementary submission to the inquiry into litigation funding and the regulation of the class action...
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Daniel Meyerowitz-Katz
Jul 6, 202013 min read
Submissions to the Parliamentary Inquiry on Litigation and Class Actions
I have made a submission to the current inquiry into litigation funding and the regulation of the class action industry being conducted...
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Daniel Meyerowitz-Katz
Apr 22, 20204 min read
Is it a crime to stand in the water?
I'm not normally in the habit of writing posts of this type, but in recent days I have really felt the need to respond to the way that...
256 views0 comments
Daniel Meyerowitz-Katz
Mar 16, 20205 min read
Why the case against contingency fees does not stack up
Originally published in Lawyerly: https://www.lawyerly.com.au/why-the-case-against-contingency-fees-does-not-stack-up Legal professional...
134 views0 comments
Daniel Meyerowitz-Katz
Dec 5, 201910 min read
The end of common fund orders... or is it? The High Court's decision explained
Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v...
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Daniel Meyerowitz-Katz
Nov 22, 20194 min read
Competing Class Actions Getting Hammered
After years of difficult and costly hearings and appeals about which legal team/funder will get to represent the plaintiff where...
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Daniel Meyerowitz-Katz
Jun 24, 20193 min read
Court leaves open possibility of solicitors charging contingency fees in class actions
Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107
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Daniel Meyerowitz-Katz
Jun 6, 20193 min read
Pleadings pro tip: if you don't plead to it then you admit it
I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the...
6,463 views0 comments
Daniel Meyerowitz-Katz
May 20, 20193 min read
I am vigorously opposed to vigorous defence
You can't just defend a claim these days, you have to "vigorously" defend it. This post was triggered by an email from Lawyers Weekly...
1,157 views0 comments
Daniel Meyerowitz-Katz
Apr 11, 20195 min read
Lee J endorses "self-funded" class actions in security for costs judgment
In Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462, a decision handed down last week by Lee J regarding an application for...
282 views0 comments
Daniel Meyerowitz-Katz
Mar 19, 20194 min read
NSWSC class actions do not require the plaintiff to have a claim against all defendants
There was an interesting decision handed down by Garling J in the NSW Supreme Court last week in Fernandez & Anor v State of New South...
156 views0 comments
Daniel Meyerowitz-Katz
Mar 1, 20191 min read
"Super Appeals" say "yes" to common funds
This is just a quick post to say that the decisions in the cases that were the subject of an unprecedented concurrent sitting of the...
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