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 - 8 min read
Understanding the new rules for children in sexual offence proceedings
The new provisions are designed to help children give their best evidence and implement an alternative trial format, creating novel challenges for trial lawyers.
By Julia Mclean and Diane Elston - 7 min read
Practical considerations when issuing a subpoena
There are many obstacles to issuing an effective subpoena. Learn what they are and how to avoid them.
By Justin Wong and Prudence Watts - 6 min read
Navigating the perils of conversation evidence
The Federal Court has examined the ‘usual practice’ of drafting affidavits in NSW and confirmed there is no rule requiring witnesses to use direct speech.
By Jonathan Adamopoulos - 7 min read
The role of Australian Qualified Bilingual Lawyers
Australian Qualified Bilingual Lawyers play an integral role in bridging the gap and improving access to justice in a legal system that is largely monolingual.
By Yin Chen and Anthony Song - 8 min read
Navigating court protocols in post pandemic practice
The current state of procedural complexity, with requirements varying between courts and judges, is a minefield. How can practitioners ensure they comply with all the…
By The Law Society of NSW Litigation Law and Practice Committee - 7 min read
Building trust Part 3: Supervising new lawyers online
The final article in a three-part series examining how lawyers can foster trusting relationships with clients and colleagues online and in hybrid work arrangements.
By Justine Rogers and Anthony Song - 10 min read
Building trust Part 2: Establishing trust in online and hybrid team settings
Part two in the series examines the ways in which managers can establish and maintain trust while working online or in hybrid arrangements.
By Justine Rogers and Anthony Song - 8 min read
‘Without Fear or Favour’: ALRC report on judicial impartiality
The ALRC report on judicial impartiality has recently been released. It makes sweeping and structural recommendations.
By Professor Gabrielle Appleby - 7 min read
Preparing expert evidence: ‘Render unto the expert the things that are the expert’s’
Lawyers should avoid interfering with the preparation of expert reports otherwise the report may be rejected as well as any oral evidence given under cross-examination.
By Brenda Tronson and Justin Pen - 6 min read
Less-paper practice: Paperless affidavits and expert reports
After 12 years of using less paper, I have identified several reliable rules. Allow people to work with paper without forcing people to work with paper.
By Philippe Doyle Gray - 9 min read