In the realm of civil litigation concerning personal injury damages, Section 23 of the Civil Liability Act plays a crucial role in ensuring transparency and opportunity for negotiation in the process of awarding damages, particularly for future losses exceeding...

The Supreme Court of NSW turned 200 years old earlier this year.  This court is the highest court in the state of NSW.  The types of claims that the Supreme Court of NSW deals with includes:...

From 1 July 2024, coercive control will be a crime in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them. The Crimes Legislation Amendment (Coercive Control) Act 2022makes it an...

Rules 5.2 and 5.3 of the Uniform Civil Procedure Rules 2005 (UCPR) provide essential guidelines on discovery aimed at identifying or locating prospective defendants. These rules are instrumental in the pre-litigation process, ensuring that applicants can gather...

The Uniform Civil Procedure Rules (UCPR) provide a structured framework for managing Offers of Compromise in legal proceedings. These rules are designed to encourage early settlement and efficient resolution of disputes, benefiting both plaintiffs and defendants by...

Directors can be sued for all sorts of reasons.  Here are 5 of them. Reason #1: Insolvent Trading A director can be sued if the company he or she is a director of trades whilst insolvent.  A director has a duty to prevent the company trading and incurring...

After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...

When it comes to navigating compensation claims, understanding the intricate interplay between different statutes is crucial. In certain circumstances, claims under the Compensation to the Relatives Act are subject to the provisions of the Civil Liability Act (CLA)....

In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...

If you or your business are sued, there are many myths about how the legal process will pan out.  Here are 10 myths about the legal process – all are incorrect. Myth #1: The matter will definitely go to a hearing Most matters settle before a Judge decides...