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.
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 »
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 …
Lawyer-driven class actions: When will the lawyer be compromised? Read more »