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…

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…

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…

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…

“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…

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…

The Supreme Court recently considered a relatively rare appeal relating to the prosecution of an elector for failing to vote in local government elections. Most of us, at one time…

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…

[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…

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…

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…

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…

On 27 February 2020, the Supreme Court of New South Wales handed down its decision in Wigge v Allianz Australia Insurance Ltd [2020] NSWSC 150, in which leave was granted for…

The travel industry, and in particular cruise ship operators, have been strongly affected by the Covid-19 pandemic and the associated bad publicity. Whilst not related to the pandemic, a recent High…

In the recent decision of Bailey v BMW Sydney Pty Ltd & Anor (No. 2) [2020] NSW DC139 the District Court refused to make an order that the plaintiff pay indemnity costs…

Over the spring and summer of 2019/2020, Australia suffered a series of catastrophic bushfires. Tragically 33 people were killed. Millions of hectares of bushland and agricultural land were burnt out.…

Supreme Court of NSW EFM Property Pty Ltd v Triangle Lighting Pty Ltd [2020] NSWSC 610 The plaintiff brought a Notice of Motion for summary judgement pursuant to UCPR rule 13.1.…

Virtually everybody in NSW will be aware that on the afternoon of Saturday 6 June 2020 a large protest march occurred in Sydney in support of #BlackLivesMatter movement - precipitated…