Commercial Litigation in Australia: An Empirical Study
Journal of Civil Litigation and Practice, Vol. 4, No. 1, pp. 22-29, 2015
8 Pages Posted: 18 Aug 2015
Date Written: August 16, 2015
There is significant interest in the volume of litigation before the courts. This will have important implications for the resources that the courts need to deal with this ligation. Although there is an increasing amount of information available about matters before the courts, little is known about the extent of commercial litigation. While this litigation will constitute only a very small proportion of the total matters before the courts, it can be more resource intensive than other matters both because this litigation will be heard in the higher courts and also because of the complexity of much of this litigation. This article examines litigation events (litigation initiations, settlements and judgments) involving companies listed on the Australian Securities Exchange for the period 1993-2009 (17 years). The issues investigated include when the litigation was initiated, settled or resulted in a court judgment; the type of legal issue that was litigated; the size of the legal claim and the amount of the settlement or judgment; the time between the initiation of the legal claim and its settlement or court judgment; and the size and the industry of the companies involved in the litigation.
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