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
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
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.
By Rose Al-Kahili, Sonya Willis and Maree Livermore - 1 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
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.
By Jen McMillan - 1 min read
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.
By Daniela Faggionato and Stephanie Barclay - 1 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
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.
By Glenda Carry - 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
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’.
By Andrew Bulley - 2 min read