Disputes, Claims & Litigation

Practice area

Disputes, Claims & Litigation

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

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File Notes: Part 1

What are they? Who owns them? Why are they controversial? File notes are records that capture the essence of what has been done or said at a particular time. They…
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File Notes: Part 3

The NSW Supreme Court recently reviewed the ownership of file notes in the matter of Alexiou v Alexandra White & Ors t/as HWL Ebsworth Lawyers [2021] NSWSC 485. In that matter, an…
Disputes, Claims & Litigation
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File Notes: Part 2

The NSW Supreme Court Recently Considered Whether A Solicitor Needed To Hand Over File Notes To A Client: Touma V Maroulis [2021] NSWSC 34. The Court Referred To The General Principles Of…
Separation, Family & Relationships
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Varying parenting Orders - the rule in Rice and Asplund

The Federal Circuit and Family Court of Australia has a clear principle that the Court should only hear an application to vary an earlier Order if it is satisfied that…
Disputes, Claims & Litigation
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Maximising Your Costs Recovery

Running a court case can be a time consuming and expensive process.  Sometimes your opponent amplifies the costs and time involved by acting unreasonably.  In that situation it can be…
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How Someone Else Can Increase Your Mortgage

“Neither a borrower nor a lender be” is wisdom that is as relevant today as when Shakespeare originally wrote it.  When it comes to property, the idea is to own…
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Granddaughter’s Challenge to Will Fails

Granddaughter’s Challenge to her Grandmother’s Will Fails in the NSW Court of Appeal On 21 June 2022, the NSW Court of Appeal delivered judgement in the matter of Chisak v…
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The causation hurdle in professional negligence claims

A recent decision of the NSW Court of Appeal illustrates that even if a plaintiff proves professional negligence, the next hurdle is proving causation. In Morris v Leaney [2022] NSWCA…
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Trusted experience critical to settling disputes

When it comes to resolving legal disputes, many businesses and professionals brace themselves for what they believe may be a lengthy and costly battle ahead. It’s not uncommon for some…
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Freezing Orders - Don’t Get Left Out in the Cold

The Supreme Court of NSW recently refused an Application for a Freezing Order which would have prevented the sale of a property by the Defendant. Briefly: the Plaintiff and Defendant…
Disputes, Claims & Litigation
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How to Force a Sale of a Co-Owned Property

There are several ways in which individuals can become co-owners of a property.  They may be married or in a de facto relationship and buy somewhere to live, friends may…
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Beware of Misleading & Deceptive Conduct in Business

Section 18 of the Australian Consumer Law (ACL) provides that when acting in trade or commerce, you must not engage in conduct that is misleading or deceptive or is likely…
Disputes, Claims & Litigation
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Limitation Periods for Loans Repayable on Demand

On 15 September 2022 the Supreme Court delivered a judgement in Kure v He [2020] NSWSC 1240 which considered the limitation period applicable to a verbal loan which was repayable…

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