High Court provides guidance on class action waiver clauses
Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.
Cyclone oppression: Navigating shareholder disputes through the eye of the storm
A storm of shareholder disputes including claims of oppressive conduct have been brewing. Courts can order appropriate relief if claims are supported by sufficient evidence.
Construction of a contract of life insurance
The Court of Appeal has handed down a unanimous decision regarding the proper construction of a contract of life insurance.
The latest developments in law reform & advocacy: September 2023
The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.
Federal Court: September 2023
Reporting and analysis of the latest key Federal Court judgments. By VINCCI CHAN.
New South Wales Court of Appeal: September 2023
Reporting and analysis of the latest key judgments from the New South Wales Court of Appeal. By Michael Morgan.
Criminal law: September 2023
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Elder law & succession: September 2023
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
A grave mistake: The perils of testamentary statements in family provision claims
When determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.
Paperless practice 3: Marshalling documentary evidence without paper
Electronically stored information is valuable documentary evidence because of its content, and it is marshalled in a variety of formats.
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.