Abuse of process

CGU Insurance Ltd v Watson [2007] NSWCA 301 at [40]: The Supreme Court has an inherent jurisdiction to prevent abuse of its procedures, and may stay or dismiss proceedings the bringing or continuance of which is an abuse of process. Even if principles of res judicata...

Behaviour at mediation attracting a costs order

COSTS – costs of an abortive mediation – where mediation was court ordered – where the plaintiffs did not attend the mediation – where the plaintiffs did not notify the defendants – costs awarded to the defendants In the Matter of Staway Pty Limited (In Liquidation)...

Variation of orders

PRODEDURE – application for variation of orders made on appeal – where appeal court awarded damages contingently assessed by trial judge – back-dating of judgment – pre-judgment interest – indemnity costs – Uniform Civil Procedure Rules 2005 (NSW)...

Changes to expert's code of conduct

Schedule 7  Expert witness code of conduct 3   Content of report Every report prepared by an expert witness for use in court must clearly state the opinion or opinions of the expert and must state, specify or provide: (a)  the name...