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 readThe 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 readAustralian 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 readThe 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 readThe underlying facts play a large part in any privilege considerations – but practitioners need to clearly appreciate the legal principles. By GREG COUSTON and…
By Greg Couston and Lucy Williams - 4 min readA solicitor’s responsibility has always been to provide clear and timely advice to assist the client in understanding the legal issues so as to make…
By John Fleming and Frances Moffitt - 7 min readRights of clients are upheld by lawyers as part of their legal and ethical obligations. The incorporation of the law firm does not displace this…
By Michael Legg and Marina Nehme - 8 min readRetainers between solicitors and clients may be brought to an end by either party for a variety of reasons. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 7 min readThe Australian Law Reform Commission’s report, Traditional Rights and Freedoms – Encroachments by Commonwealth Laws (‘Freedoms Report’), was tabled on 2 March 2016, concluding an…
By Rosalind Croucher AM - 10 min readPrincipals and solicitors with ‘designated responsibility’ also have statutory obligations to exercise ‘reasonable supervision’ over their staff and the legal services provided by the firm….
By Glenda Carry - 6 min readThe Legal Profession Uniform Law does not contain an exemption equivalent to that provided under the repealed Legal Profession Act 2004. By GLENDA CARRY.
By Glenda Carry - 6 min readA court considering a civil penalty is therefore permitted to take into account submissions on agreed penalties or, in the case of a contested penalty…
By Anthony Lo Surdo SC and Conor Bannan - 6 min readThe Harman principle forbids the use of documents or information obtained in proceedings, for any purpose which is collateral to the proceedings, until the material…
By Gregory Sirtes SC and Michelle Castle - 7 min readThe Legal Profession Uniform Law 2014 introduces new obligations of disclosure. By PETER ROSIER.
By Peter Rosier - 7 min read