In this episode of the Litigation Forecast, Partners Andrew Horne and Jane Standage discuss the major litigation and regulatory trends we highlighted in our 2025 Litigation Forecast, including regulatory updates from the Financial Markets Authority (FMA), health and safety litigation, anti-bribery and corruption enforcement, and anticipated changes to employment law.
[01:28] Jane highlights the busy year ahead for the FMA, with their focus on outcomes-focused regulation and the use of the case stated procedure in the High Court.
[02:14] Andrew discusses the FMA's Perimeter and Response Team, explaining its role in testing the boundaries of the FMA's jurisdiction and what businesses should do if they receive correspondence from this team. Andrew then talks about the recently passed Contracts of Insurance Act 2024, its implications for the insurance industry, and the preparations needed for its implementation.
[02:33] Andrew also previews an upcoming podcast hosted by Partner, Aaron Lloyd and Senior Associate, Daniel Fielding, which will explore whether anti-bribery and corruption rules signal increased regulatory expansion.
[02:47] Jane then moves to constraints on contractual powers, focusing on cases where contractual clauses do not function as expected and the courts' role in imposing implied limits on discretion.
[03:24] Andrew highlights the episode in which two of our Employment Partners, Gillian Service and June Hardacre, discuss significant changes in employment law, including new restrictions on statutory rights and the Government's proposed law affecting high-earning employees.
Information in this episode is accurate as at the date of recording: Wednesday, 26 March 2025.
Please contact Andrew Horne or Jane Standage in our Litigation team if you need legal advice and guidance on any of the topics discussed in this episode.
Please get in touch to receive an episode transcript. Please don't forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts.
You can sign up to receive updates via your inbox here.
You can read our full Litigation Forecast 2025 here.
