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
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
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.
By Justin Wong - 2 min read
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.
By Caroline Hutchinson, Carrie Peterson and Sonya Willis - 1 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 - 2 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 - 2 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 - 2 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 - 10 min read