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 …
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 …
The Graywinter principle – quantification of an offsetting claim is not necessary Read more »
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 …
Self-represented litigants: The limits to the judge’s assistance Read more »
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 …
Statutory demands – the ‘no genuine dispute’ statement obligation Read more »
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 …
The solicitor’s liability for loss arising from unclear or ambiguous drafting Read more »