Disputes, Claims & Litigation

Practice area

Disputes, Claims & Litigation

Articles, case notes and commentary from the Mullane & Lindsay team.

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“Without Prejudice” Communications - What Does it Mean?

Legal correspondence often contains the term “without prejudice”.  The term is one of the most used legal phrases, however it is often misunderstood. The term “without prejudice” is most familiar…
Disputes, Claims & Litigation
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Boyer v FRP Pools & Spas Pty Ltd

On 13 June 2019 the NSW Civil & Administrative Tribunal ordered the manufacturer of a specialist gel lining for swimming pools to rectify the applicants’ swimming pool to a usable…
Disputes, Claims & Litigation
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Subtle ‘traps’ with Subpoenas for documents

Most people understand what a subpoena is. So far as it relates to documents, it is a Court order requiring documents to be produced to the Court Registry.  That sounds…
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Legal Professional Privilege- Sword or Shield?

There have been some recent comments by the High Court of Australia in relation to legal professional privilege. In August 2019 the High Court handed down the decision in Glencore International…
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Procedural Fairness - the opportunity to be heard

“Procedural fairness” or “natural justice” are terms commonly bandied around.  The NSW Court of Appeal recently had to consider whether, as a matter of practical application, a litigant had been…
Disputes, Claims & Litigation
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Service of Court Documents by Social Media

Service of Court Documents by Social Media Court documents are often required by the court rules to be personally served on a party to the proceedings.  For example, an originating…
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The Onus of Proof and Traps in Evidence

The NSW Court of Appeal recently considered the issue of who was responsible for a motor collision.  On the particular facts, that rested entirely on which of the two drivers…
Disputes, Claims & Litigation
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Vadasz v Charas Constructions Pty Ltd

[2019] NSWCATD 59 Homeowners bringing a claim in relation to defective residential building work have the onus of proving:- The work or service was unsatisfactory (“Breach”);The steps necessary to remedy…
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Personal Injury Claims and “Obvious Risks

Since the introduction of the Civil Liability Act in NSW and in 2002, there have been defences to claims for personal injury on grounds that the injured person was participating in a dangerous…
Separation, Family & Relationships
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Protecting your Pooch in Public

With summer now upon us, it’s the perfect time to get out and about with our furry friends. Before you and your precious pooch hit the streets, there are a…
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Self- defence and ‘Lawfulness’

The NSW Court of Appeal recently had to consider if self-defence could be relied on to avoid a finding that a person had been responsible for an ‘assault’, which ultimately…
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Two Talents join Mullane Lindsay in 2020

Mullane Lindsay is very pleased to welcome Cavelle Lindsay and Catherine Williams to the firm. Cavelle Lindsay after beginning her career at Sparke Helmore in 2011, and then moving to…
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COVID-19: A ground for an adjournment of civil proceedings?

The NSW Supreme Court recently considered whether the COVID-19 pandemic was a sufficient basis to adjourn a hearing. In David Quince v Annabelle Quince and Anor [2020] NSWSC 326 the plaintiff made…

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