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Self-represented litigants and non-practitioner representatives conducting superior court litigation

Proper preparation and presentation of a case before a superior court is not an easy task, even for a very experienced legal practitioner.  Not surprisingly then, a self-represented litigant or non-practitioner representative is likely to struggle when conducting such proceedings

Posted in Papers

The Graywinter principle – quantification of an offsetting claim is not necessary

Authority now favours a less strict view of the scope of the Graywinter principle.  A recent example of this can be seen in Pravenkav Group Pty Ltd v Diploma Construction (WA) Pty Ltd [No 3] where a company challenged a

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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

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