Disputes, Claims & Litigation

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Disputes, Claims & Litigation

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

Disputes, Claims & Litigation
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Sexual Harassment in Australia’s Highest Court

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…
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The Last Word on Hiring Replacement Vehicles?

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…
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High Court of Australia: Diversity of views

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…
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Be careful about language when drafting subpoenas

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…
Disputes, Claims & Litigation
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A “day” means…

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…
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Man Buns and Dunny Lanes

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…
Disputes, Claims & Litigation
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Parens Patriae - The Powers of the Supreme Court

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…
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Should the wife and her mother pay for the husband’s legal fees?

In Edson & Whitney and Another [2020] Justice Rees considered an application by the husband for litigation funding from the wife and from the wife’s mother. The substantive proceedings involved the wife…
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As far from a Jane Austen novel as it is possible to be

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…
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Where Perception is not always Reality

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…
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Covid 19 and the “Open Court”

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…
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No Horsing Around as NCAT Appeal Panel Reverses Decision

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…
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Is a promise really a promise?

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…
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The Art of Rejection

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…
Disputes, Claims & Litigation
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Katherine Pratap v Jesmarden

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…

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