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 - < 1 min read
Preliminary discovery is little understood and rarely used. Andrew Bulley provides guidance on how to avoid a ‘fishing expedition’.
By Andrew Bulley - < 1 min read
The Federal Court has ruled that legal professional privilege will not always be reliable for protecting third-party reports.
By Justin Wong - < 1 min read
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
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 - < 1 min read
There are many obstacles to issuing an effective subpoena. Learn what they are and how to avoid them.
By Justin Wong and Prudence Watts - < 1 min read
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 - < 1 min read
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 - < 1 min read
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 - < 1 min read
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 - < 1 min read
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 - < 1 min read
The ALRC report on judicial impartiality has recently been released. It makes sweeping and structural recommendations.
By Professor Gabrielle Appleby - < 1 min read
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 - < 1 min read