Daniel Meyerowitz-Katz, Barrister

DANIEL MEYEROWITZ-KATZ

BARRISTER

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    Daniel Meyerowitz-Katz
    • Jun 6, 2019
    • 3 min

    Pleadings pro tip: if you don't plead to it then you admit it

    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 probably wrong. Every paragraph in the statement of claim makes an allegation against the defendant. Even if you are one of multiple defendants and the paragraph seems to concern one of the other defendants, you
    3,045 views0 comments
    Daniel Meyerowitz-Katz
    • Apr 11, 2019
    • 5 min

    Lee J endorses "self-funded" class actions in security for costs judgment

    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 actions being "self-funded"—that is, funded by the group members. Abbott relates to a vaccine used in horses to treat the Hendra virus. The applicant and group members are owners of horses which are alleged t
    203 views0 comments
    Daniel Meyerowitz-Katz
    • Mar 19, 2019
    • 4 min

    NSWSC class actions do not require the plaintiff to have a claim against all defendants

    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 case concerns a claim made against the State of NSW and various local health districts on behalf of people who have been made to guarantee a patient's debt where the patient was not eligible for Medicare benefits.
    92 views0 comments
    Daniel Meyerowitz-Katz
    • Oct 17, 2018
    • 8 min

    High Court split over two bites of the cherry

    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
    464 views0 comments

    Daniel Meyerowitz-Katz

    Barrister

    dmkatz@universitychambers.com.au

    +61 2 8227 4400

    University Chambers
    Level 9, 167 Macquarie Street
    Sydney NSW 2000

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