I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the statement of claim because it makes no allegation against the defendant."

There are two problems with that. The first is that you are p...

You can't just defend a claim these days, you have to "vigorously" defend it.

This post was triggered by an email from Lawyers Weekly with the "breaking news" that a claim of sexual harassment against the law firm Hicksons will be "vigorously defended". That's right, no...

April 11, 2019

In Abbott v Zoetis Australia Pty Ltd (No 2) 2019 FCA 462, a decision handed down last week by Lee J regarding an application for security for costs in a mass-tort class action being conducted on a "no win no fee" basis, his Honour gave an important endorsement to class...

March 19, 2019

There was an interesting decision handed down by Garling J in the NSW Supreme Court last week in Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255, saying that the plaintiff in a class action does not need to have a claim against all defendants.

The...

This is just a quick post to say that the decisions in the cases that were the subject of an unprecedented concurrent sitting of the Court of Appeal of NSW and the Full Court of the Federal Court of Australia (aka the "Super Appeal") were both handed down this morning,...

February 1, 2019

This is my second post in a series on the The Australian Law Reform Commission's Report 134, "Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders". The first post addressed the proposed amendment to s 33C of th...

January 29, 2019

The Australian Law Reform Commission's Report 134, entitled "Integrity, Fairness and Efficiency—An Inquiry into Class Action Proceedings and Third-Party Litigation Funders", has finally been released publicly. As I have noted before, I was involved in authoring two sub...

January 8, 2019

When it comes to using paper, law is #1 (for those of you born after 2000, that's NUMBER one, not "hashtag" one).

Of all of the professions, there can be little doubt that lawyers have been the least willing to give the trees a break and join the 21st Century by switchi...

December 8, 2018

I'm told there is a diversity problem at the Bar—at least according to the presentations they made during the Practice Course, the emails from the Bar Association (who have a whole diversity section on their website), and the various talks and media articles that seem...

November 30, 2018

This shocking piece of news was in the "InBrief" email sent by the NSW Bar Association to its members today:

Of course, if you click through on the link in the email, it's clear that this was just a funny coincidence. The full sentence is "It is anticipated that there w...

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University Chambers
Level 19, 65 Martin Place
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©2018 by Daniel Meyerowitz-Katz. Please do not reproduce without permission from the author. All quotes should be attributed and should include a link to the original. 


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