LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.


Hong Kong Arbitration Week Event – When Insolvency Strikes – When, Where and How to Arbitrate

Around 100 participants attended a recent webinar titled, “When insolvency strikes – when, where and how to arbitrate”, hosted by Lipman Karas on 20 October 2020, as part of HKIAC’s Hong Kong Arbitration Week 2020. Jason Karas (Lipman Karas) chaired…

Webinar Report by Andy Lau

ASIC v Mitchell (No 2) Serves Up Guidance on Directors’ Duties

The judgment by Beach J in ASIC v Mitchell (No 2) offers helpful guidance on the role of the chairperson, the extent to which boards can rely on the judgment and expertise of management and the scope of the business…

Allie Umoff and Katie Walsh

LK Welcomes new Principal – Adam Greaves

Lipman Karas LLP is pleased to announce the appointment of Adam Greaves as a principal in the firm. The appointment is part of the firm’s international growth strategy and the first lateral hire at partner level in London since the…

Jason Karas

Petitioning to Wind-up in the Presence of a Binding Arbitration Agreement – is the Protection Worth the Risk?

The potential conflict between winding-up proceedings and arbitration is a resurging topic.  In the recent case of Telnic Limited v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch), the Chancellor of the English High Court found that, in circumstances…

Andy Lau

Doctrine of Penalties: New Zealand Supreme Court Emphasises the Need to Look Beyond Contractual Loss

In the past five years, the doctrine of penalties has come under significant scrutiny in the United Kingdom and Australia. In particular, the courts have expressly moved away from the traditional test in Dunlop Pneumatic Tyre Co Ltd v New…

Brooke Holden and Simon Collier

Changes to the Regulation of Litigation Funding in Australia

Amid a reported increase in the number of class actions over the past decade, the Australian Government has announced changes to the Corporations Regulations 2001 (Cth) to facilitate greater regulatory oversight of litigation funders operating in Australia. The changes, set…

Kristy Zander and Katie Walsh

UK Supreme Court Narrows Reflective Loss Principle

An enlarged panel of the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 (Sevilleja) has considered the scope of the reflective loss principle and the rationale underpinning it. The principle traditionally prevents a shareholder in a company…

Andrew Tarnowskyj and Mark Giddings

Proving Fraud in Complex Commercial Cases

Bringing a successful claim in a large commercial case poses challenges in circumstances where proceedings usually take place many years after the events in question and can involve voluminous documentary and witness evidence. Successfully bringing such a claim where fraud…

Mark Giddings and Tim Bost

Statutory Demands under the Coronavirus Economic Response Package Omnibus Act 2020

This note considers the amendments made in the recently enacted Coronavirus Economic Response Package Omnibus Act 2020 (Omnibus Act) to the statutory demands regime provided for in the Corporations Act 2001 (Cth) (Corporations Act), and, in particular, the significance of…

Allie Umoff

Case Management in Virtual Hearings

More than 100 participants attended the recent ICC International Court of Arbitration webinar on the effective case management of virtual hearings, a pertinent issue facing parties and tribunals at the moment. Held on 18 June 2020, the session featured speakers…

Sylvia Tee and Andy Lau


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Hong Kong
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