The Chief Justice of the High Court of Australia, the Honourable Susan Kiefel AC recently issued a statement in relation to the media reports in respect of a former High…

If you have an income producing vehicle (say, a delivery truck) that is damaged in a motor accident, it has long been accepted that the cost of hiring a replacement…

Since 2003, Professor Andrew Lynch of the University of New South Wales has conducted annual research into the decisions of the High Court of Australia, including the rate at which…

The NSW Court of Appeal recently delivered a decision in SW v Khaja [2020] NSWCA 128 in relation to a claim by SW for damages. In November 2015 the plaintiff (SW) celebrated her…

Subpoenas to produce documents are commonplace in litigation of all kinds. They are a means by which a litigant can require non-parties to the dispute, to produce documents or other…

Today, the High Court handed down its decision in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 allowing appeal from a judgement of…

In a decision handed down by the Supreme Court of NSW on 12 August 2020 (Hardy v Sidoti), a man has been successful in claiming ownership over a 3.35 square…

The decision of Re Ryder [2020] NSWSC895 is an illustration of the Supreme Court Parens Patriae jurisdiction. Parens patriae, (Latin for ‘parent of the state’ or ‘parent of the nation’) is a doctrine that…

Defective Financial Agreement: recent comments from the Court of Appeal in Victoria in relation to the limitation period to bring a professional negligence claim A recent decision of the Court…

On 24 July 2020, the Full Court of the Federal Court of Australia handed down the decision of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126. The decision…

Slaven v Bryant [2020] NSWCA TAP168 How you come across at trial can have an impact on the outcome but it isn’t everything.  On 7 August 2020 the NCAT Appeal Panel…

It appears being a model may not always be as glamorous as it seems. In 2015, Ms Nihill fell four metres onto rocks at North Head in Sydney during an…

In this, as in all things, COVID 19 has impacted on litigation in many ways. In the recent case of Re Imogen (No 5) [2020] Justice Watts had to consider whether the…

On 6 November 2020 the NCAT Appeal Panel (“the Panel”) reversed an earlier Tribunal decision relating to the provision of agistment services to a consumer. Brief Facts The appellant to…

In a well-publicised decision of the Supreme Court in late 2020, a Sydney couple were successful in claiming an inheritance of a multimillion dollar harbour side estate based on a…

On 20 January 2021, the NCAT appeal panel published its decision in the matter of Baas v JB Hi Fi Group Pty Ltd. Key facts Briefly, on 5 December 2015, the…

In 2013 the NSW Code of Practice for the Charter of Victim’s Rights was published. It was revised in 2015. The Code is intended to help government and non-government service…

James v James (No. 2) [2020] NSW DC796 Decision 13 November 2020 In a civil action for damages in the tort of trespass the plaintiff sought to include as evidence recordings…

On 17 December 2020 Bellew J refused to accept a settlement agreed at mediation that had been recorded in Heads of Agreement signed by the parties. Factual Background Briefly, the…