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Tulkinghorn Articles from 2006
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006
Tulkinghorn    December 15, 2006  
Forget Senior Counsel, let's try "Super Lawyer"

A New Jersey court stamps out “self-aggrandising” titles such as “Super Lawyer”. Actually the “Super Lawyer” selection process was superior to those that are used here to appoint new Senior Counsel ... more

Tulkinghorn    November 15, 2006  
Hiding the ball

Forget about judicial appointments bodies. There’s evidence to suggest that governments will be just as good at picking the right types for the selection commission as they are at picking judges ... more

Tulkinghorn    November 3, 2006  
Gunns, C7, et al: getting the priorities right

The truth is out there – let’s hope it isn’t found too quickly. The beauty of the adversarial system is that the search for truth marches in step with the search for fees ... more

Tulkinghorn    October 17, 2006  
The mysteries of privilege

Now accountants are clamouring to have the same professional privilege as lawyers – for their clients, of course. New Zealand accountants got it last year, now the idea is seeping over the Tasman. Where will it end? ... more

Tulkinghorn    October 3, 2006  
Lawyers safely in charge of civil justice "reform"

The corporates had a victory on tort law reform. Now it’s payback time. Lawyers in Victoria look set to be the winners on the fees front after the law reform commission does another job on civil justice ... more

Tulkinghorn    September 20, 2006  
Barristerial immunity: "what asshole invented that law?"

New Zealand’s top court has just joined the crowded ranks of those that have ditched the barristers’ immunity. Our High Court defiantly clings to the reasons for retention that have been gaily abandoned everywhere else ... more

Tulkinghorn    September 7, 2006  
Keep placing your bets

The High Court has made encouraging noises about litigation funders in Fostif, although Tubby Callinan’s special knowledge of abuse of process put him in the minority ... more

Tulkinghorn    August 23, 2006  
Lawyers' pro bono sincerity queried

Tulkinghorn explains how pro bono work benefits everyone – particularly lawyers. Forget the publico, the bono is booming ... more

Tulkinghorn    August 9, 2006  
Judges working hard to expand litigation funding horizons

Tulkinghorn is full of admiration for the work of Justice Paddy Bergin who single-handedly has cleaned the moths out of the wallet of directors’ indemnity policies and allowed them to be used by captains of industry to bring defamation cases. New law and exciting new possibilities. At this rate someone is likely to shoot Tulkinghorn ... more

Tulkinghorn    July 26, 2006  
High Court warms lawyers with frozen loot

Proceeds of crime. Regardless of what parliament thinks, the High Court says that lawyers should be able to get their hands on the alleged proceeds of crime because legal representation not only benefits adversarial litigation but “the state and the public” ... more

Tulkinghorn    July 11, 2006  
WorkChoices "smoke and mirrors"

Judges get a lot of room to move in the WorkChoices legislation. One way around the problem would be for the government to appoint judges who are in tune with the party line. Yet Tulkinghorn thinks that it would be most unlikely for inexperienced ministerial advisers to be appointed to multi-jurisdictional courts. ... more

Tulkinghorn    June 27, 2006  
Ethics = Whatever's good for business

The “ethics” of fee contracts: the claims harvesters were seen off the field, now the litigation funders have arrived ... more

Tulkinghorn    June 14, 2006  
The economics of litigation

The judges can control both the base amount of litigation and its velocity. A deft hand is required to prevent the insurance barbarians getting another big bite. Yet recent studies and findings on the state of personal injury litigation didn’t look at the velocity of the business ... more

Tulkinghorn    May 31, 2006  
Legal fees explained

By and large the panel of experts examining legal fees has done a sterling job. The members were divided on all the critical issues and so the recommendations can safely be ignored. Two years of painstaking work has paid off ... more