Disputes, Claims & Litigation

Practice area

Disputes, Claims & Litigation

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

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Disputes over Defective Work

Disputes over defective work are common. They can be difficult to resolve and can often lead to litigation. There are a number of factors that can contribute to disputes over…
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How an Owner May Avoid Defective Work

The best way to avoid defective work is to take steps to prevent it from happening in the first place. There are a number of things that you can do…
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Take Care When Applying for a Freezing Order

In the recent decision of Care A2 Plus Pty Ltd v Pichardo [2023] NSWCA 156, the NSW Court of Appeal dismissed the applicants’ (Care A2 Plus Pty Ltd and Care…
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Primacy of Relevance: Choosing Evidence in Court Proceedings

Introduction In the arena of court proceedings, where battles are fought with words, facts and evidence reign supreme. However, not all evidence is created equal. When it comes to deciding…
Wills, Estates & Trusts
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Two grandsons successfully claim against their grandfathers Will

In a recent NSW Supreme Court decision (Curtis v Curtis [2023] NSW SC 1164), two grandsons brought family provision claims against their grandfather’s estate. The grandsons were brothers, and both…
Commercial, Business & Property
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Does reference to a file waive privilege?

On 11 October 2023 Justice Kunc made a decision in the matter of Hall v Hall [1] about whether privilege over documents in a solicitor’s file had inadvertently been lost by a…
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How to Claim 1,200% on a Loan

How to Claim 1,200% on a Loan In the recent case of Dalton and Schaeffer as Executors of the Estate of the Late John Herman Schaeffer v Naegeli [2024] NSWCA…
Disputes, Claims & Litigation
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Emailing a Statutory Demand

In the recent case of Stamford Bridge SW6 Pty Ltd [2024] NSWSC 486, the Supreme Court of NSW found that a Statutory Demand was validly served by email and the…
Commercial, Business & Property
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Clear & Careful Clauses Create Clarity for Costs Consequences

In Farmer v Broadspectrum (Australia) Pty Ltd (No.3) [2024] NSWSC 53 the Supreme Court of New South Wales dismissed a motion for indemnity costs. The plaintiff, who was injured in…
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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 frequently used legal phrases, however it is often misunderstood. The term ‘without prejudice’ is most…
Disputes, Claims & Litigation
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Options for Sale of a Jointly Owned Property 

If more than one person or entity owns property in NSW, the ownership options are joint tenancy or tenancy in common. If the owners of the property are joint tenants,…
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Three Major Benefits of Mediation in Civil Disputes

Mediation is encouraged in civil disputes as an effective alternative to litigation.  Three major benefits to mediation are: Certainty of Outcome All litigation has risk.  Mediation is an opportunity where…
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Stepchildren & Claims on a Deceased Estate

Plummer & Anor v Montgomery is a judgement of the Supreme Court of New South Wales in a family provision case, where two stepchildren of the deceased sought an order…
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Easements Eliminated if they Exclude Use

The recent decision of Petrie v Dickson [2024] NSWSC 972 concerned a dispute between neighbours over a purported easement for garden use on adjoining properties in Palm Beach, Sydney.  The…
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High Court Rejects Pure Economic Loss Claim

On 7 August 2024 in the case of Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25, the High Court of Australia dismissed the appeal of Mallonland Pty…

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