Lecturer in Civil Procedure
Andrew is a departmental lecturer in civil procedure. From 2008 to 2011 he was the career development fellow in civil procedure at the law faculty and University college. He completed a BA/LLB (hons) at the University of Melbourne in 2001 and the BCL in 2005. In 2011 Andrew completed his Dphil at the University of Oxford on legal professional privilege, specifically as it applies to corporations. He has been a visiting scholar with NYU's Hauser Global Law School Program and an occasional guest lecturer in civil procedure at Melbourne Law School.
Between 1997 and 2007 Andrew worked as a paralegal, solicitor, and associate at the Australian law firm Slater & Gordon. His main area of practice was tobacco litigation. For his work on McCabe v British American Tobacco he was nominated for the Australian Plaintiff Lawyer's Association Civil Justice Award (becoming the youngest ever official nominee for the award) and received an award for his contribution to public health from a coalition of public health NGOs. He has advised the Australian Competition and Consumer Commission on whether the use of light and mild descriptors for cigarettes constituted misleading advertising, and assisted the US Department of Justice on its RICO claim against the US tobacco industry: US v Philip Morris et al. Andrew has also worked on a number of mass tort class actions and ran an asbestos practice.
Andrew is also a member of the Victorian Bar. His main research interests are civil procedure, tort and causation.
A Higgins, 'A defence of qualified one way cost shifting' (2013) 32 Civil Justice Quarterly (forthcoming)
A Higgins, 'Legal lessons from the News of the World phone hacking scandal' (2012) 31 Civil Justice Quarterly 274
A Higgins, 'Open door disclosure in civil proceedings' (2012) 16 International Journal of Evidence and Proof 298
A Higgins, 'Referral fees: the business of access to justice' (2012) 32 Legal Studies 109
A Higgins, 'Legal advice privilege and its relevance to corporations' (2010) Modern Law Review 371
A Higgins, 'The costs of case management: what should be done post Jackson?' (2010) Civil Justice Quarterly 317
A Higgins, 'Corporate abuse of legal professional privilege' (2008) 27 Civil Justice Quarterly 377 [...]
Corporate abuse of legal professional privilege is a controversial subject. Cases where abuse is exposed often acquire notoriety for the depth of corporate and professional misconduct they reveal, and act as catalysts for debate on the need to reform the rules of privilege. Those with an interest in maintaining or limiting the privilege take up now familiar sides in the debate. Corporate lawyers and lawyers’ associations usually stress the fundamental importance of the privilege and argue that there is no evidence of widespread abuse. On the other hand regulatory agencies submit that corporate abuse of privilege has a significant cost to the administration of justice, and that the abuse which has been exposed may only be the tip of the iceberg. The article aims to put the debate on corporate abuse of legal professional privilege into perspective by analysing the potential for abuse by corporations; its impact on the administration of justice; examples of abuse that have been exposed from time to time; and the adequacy of existing mechanisms to detect and prevent abuse. The article argues that the costs of corporate abuse are significant, but due to the nature of the privilege its extent is unknown and largely unknowable. Existing mechanisms for controlling abuse have proved unsatisfactory and have inherent limitations. Accordingly, there needs to be serious examination of alternative solutions for controlling abuse, including re-examination of the scope of corporate privilege.
A Higgins, 'BATAS v Laurie: apprehended bias and actual failure of case management ' (2011) Civil Justice Quarterly 246
A Higgins, 'ECJ confirms no privilege for in-house counsel: Azko Nobel v European Commission' ' (2011) Civil Justice Quarterly 113