Introduction The High Court of Australia sitting as the Court of Disputed Returns in Re Day [No 2] [2017] HCA 14 has found that Robert John Day, a former senator, had an indirect pecuniary interest in a lease agreement with …

Court of Disputed Returns – Day found incapable of sitting as a senator by reason of s 44(v) of the Constitution Read more »

The New South Wales Court of Appeal in Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 has found that a claimant enforcing a determination by an adjudicator of a payment claim under the Building and …

No notification required before enforcing adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) Read more »

The High Court of Australia in Kendirjian v Lepore [2017] HCA 13 has refused to distinguish the reasoning of the majority in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16; (2016) 331 ALR 1 (“Attwells”) in a case …

High Court refuses to distinguish or reopen Attwells regarding the scope of the advocate’s immunity from suit Read more »

The Victorian Court of Appeal in Spralja v Bullards [2017] VSCA 32 has set aside a decision of a judge of the County Court granting summary dismissal of proceedings brought against a firm of solicitors and two barristers for negligent …

Summary dismissal of negligence proceedings pre-Attwells set aside following Attwells’ clarification of the doctrine of the advocate’s immunity Read more »