practice and procedure

The end of procedural indulgence? What recent cases reveal about modern litigation strategy

Courts increasingly expect focused, proportionate litigation, making restraint and credibility essential elements of effective modern advocacy.

People standing with speech bubbles

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.

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’.

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