Settled yet unpredictable: recent cases on apprehended bias
From heated exchanges to prior roles, recent cases show how apprehended bias is reshaping judicial accountability — and why reform may be on the horizon.
By Tim Maybury - 2 min read
How do we hold judges accountable for a ‘thoroughly unacceptable abuse of judicial power’?
An expert analysis of the High Court decision which is relevant to the wider conversation about the appropriate accountability of federal court judges.
By Professor Gabrielle Appleby - 2 min read
Chorley resurrected? High court finds employed solicitor rule applies to law firms
The question of whether law firms can recover costs for employed solicitors representing them has been settled, but several new questions abound.
By Matthew Lo and Sora Beebar - 2 min read
The array of judicial policies on AI use in and by courts
Generative AI has raised the ire of some, but not all, common law jurisdictions. What can we learn from their respective policies?
By Senior Commissioner Susan Dixon - 1 min read
Who to sue? Identity and whereabouts of a defendant
Potential defendants can be tricky to identify and locate. Andrew Bulley discusses the five key elements to preliminary discovery applications.
By Andrew Bulley - 1 min read
A balancing act: costs in public interest litigation
Recent cases highlight the dynamic relevance of public interest in costs decisions. How do courts balance access to justice with the adversarial tradition?
By Thomas Bagley - 2 min read
Generative AI: uses and abuses in litigation
After the Supreme Court’s practice note, find out the best practice for using generative AI in an ethical, compliant and effective way.
By Vicki McNamara - 2 min read
Wild ride for NSW lawyers: new guidance on direct speech evidence
Wild v Meduri restores ‘words to the effect’ in NSW but remains at odds with federal standards for witness affidavits.
By Andrew Hack, Sonya Willis and Sylvia Fernandez - 2 min read
Novel elements and practical implications of new discrimination costs model
The modified equal access model includes new concepts like ‘unreasonable act or omission’ and ‘significant power advantage’.
By Cilla Robinson and Lauren Cooper - 2 min read
Lee J judgment takes aim at practice for suppression order overuse
There’s much ado about suppression orders at the moment. Lee J reminds practice on the inherent publicity risks in litigation.
By Jason Polese - 1 min read
Direct speech evidence after Kane’s Hire and Gan v Xie: did you get the gist?
Courts are highlighting themes of direct speech witness evidence misuse across NSW and Kane’s Hire is being applied and settled more and more.
By Sonya Willis and Andrew Hack - 2 min read