I have once again presented Case Watch for Sound Education in Law which involved reviewing a number of recent decisions of the Full Court of the Federal Court and of the New South Wales Court of Appeal.
Blog Archives
Self-represented litigants: The limits to the judge’s assistance
A trial judge has a duty to provide some advice and assistance to a self-represented litigant so as to ensure that the proceedings are conducted fairly but there are limits to the assistance which can properly be given. An example…
Posted in Papers
Statutory demands – the ‘no genuine dispute’ statement obligation
The New South Wales Court of Appeal has held, in Kisimul Holdings Pty Ltd v Clear Position Pty Ltd, that the absence of the ‘no genuine dispute’ statement from the affidavit accompanying a creditor’s statutory demand is, of itself, “some…
Posted in Papers
The solicitor’s liability for loss arising from unclear or ambiguous drafting
In Hudson Investment Group Limited v Atanaskovic, the New South Wales Court of Appeal found that a client who alleged that its former solicitors had breached their duty of care to the client because they had drafted provisions in a…
Posted in Papers
Lawyer-driven class actions: When will the lawyer be compromised?
In the case of Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 3), Justice Ferguson of the Victorian Supreme Court found that a solicitor who was not independent of the lead plaintiff in a class action was…
Posted in Papers
