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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...

In a precedent-setting ruling, the High Court of Australia delivered a significant decision in the case of Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11, reshaping the landscape of liability in recreational activities. The case...

In a significant ruling, the New South Wales Court of Appeal has upheld the decision in the case of Wollongong City Council v Williams [2021] NSWCA 140, marking a pivotal moment in occupiers liability law. The case centred around a trip and fall incident in a council...

Lawyers are often asked about the process of recovering money owed as a result of, for instance, a failure to pay for goods or services or a breach of contract. Normally a business (or an individual) will issue a letter of demand as a precursor to suing someone to...