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General principles governing pleadings in New South Wales

Pleadings still play an important role in civil proceedings in New South Wales. Where they are used, they must fulfil the functions for which they exist and must comply with the requirements of the Uniform Civil Procedure Rules 2005 (NSW). 

Posted in Papers

When a director may commence and carry on Supreme Court proceedings on behalf of the company – Rule 7.1 of the Uniform Civil Procedure Rules 2005 (NSW)

Under r 7.1(2)(a) and (3) of the Uniform Civil Procedure Rules 2005 (NSW), a company may commence and carry on proceedings in the Supreme Court of New South Wales by a solicitor, or by a director of the company if

Posted in Papers

Full Federal Court finds that a statistical analysis of a judge’s previous decisions is irrelevant to the apprehended bias test

Introduction The Full Court of the Federal Court of Australia in ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 has unanimously found that a statistical analysis of a judge’s previous decisions was irrelevant to the apprehended bias

Posted in Brief notes

Principles relevant to an application by a shareholder to inspect the books of a company under s 247A of the Corporations Act 2001 (Cth)

The Full Court of the Federal Court of Australia in Mesa Minerals Limited v Mighty River International Limited [2016] FCAFC 16 (“Mesa Minerals”) has recently summarised the principles relevant to an application by a shareholder to inspect the books of

Posted in Brief notes

NSW Bar Association says personal attacks on judges undermines public confidence

The President of the New South Wales Bar Association has issued a Media Release today stating that personal attacks on members of the judiciary in the context of particular judgments undermine public confidence in the justice system. The Release notes

Posted in News

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