In UBS AG v Tyne [2018] HCA 45, a 4-3 decision of the High Court of Australia has made it harder for litigants to bring a claim that could have been determined in an earlier proceeding, even if that claim had never been determined on the merits. The decision rested on the interpretation of the doctrine of the abuse of the court's process, as well as the overarching purpose of case management in provisions such as s 56 of the Civil Procedure Act 2005 (NSW) and s 37M of the Fed