Can unbundled legal services rescue family law disputes?

In a jurisdiction awash in self-represented litigants, this different approach to legal practice might be key to enhancing access to justice.

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Empty witness stand

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.

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Female solicitor writing in a notebook

Did you write that down? Court affirms file notes are crucial

The recent NSWCA decision, Odlum v Friend, highlights the importance of contemporaneous written records.

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Retained or not retained: the NSWCA wants specifics

A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.

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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.

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Legal Practice 101: ‘Who is my client?’

Losing track of who you are acting for is not unusual, especially with complex families, but it can have serious consequences.

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People standing with speech bubbles

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.

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Go fish? How to successfully apply for preliminary discovery

Preliminary discovery is little understood and rarely used. Andrew Bulley provides guidance on how to avoid a ‘fishing expedition’.

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Legal Update - Cyber risk

Optus’ failed legal professional privilege claim highlights the importance of evidence

The Federal Court has ruled that legal professional privilege will not always be reliable for protecting third-party reports.

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British judges wearing traditional ceremonial wigs and robes in a procession at Westminster, London

Writing it right: communicating correctly with courts

Whilst courts were forgiving during the COVID-19 period, recently, judges have felt compelled to remind solicitors of their expectations.

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