Service of later medical reports

ROFESSIONAL CONDUCT – LAWYERS – Where first defendant’s solicitors failed to serve a supplementary medical report until day before trial – whether statements made to and correspondence with other parties in relation to report was misleading – solicitors subject to a...

Abuse of process

PRACTICE AND PROCEDURE – abuse of process – unconditional discontinuance proceedings in different court involving same substratum of fact – whether abuse of process operates against person not party to earlier proceeding – where earlier...

Communication with the Court

John Holland Rail Pty Ltd v Comcare [2011] FCAFC 34 [12] The rule is that a judge should not receive any communication from anyone concerning a case that the judge is to decide, made with a view to influencing the conduct or outcome of the case. See, for example, Re...

Pleadings – their purpose

In Kirby v Sanderson Motors Pty Ltd (2001) 54 NSWLR 135; [2002] NSWCA 44 at [20] – [21] Hodgson JA said, inter alia: “The general requirement to avoid surprise means that material facts must be stated in such a way that the defending can understand the materiality of...

Pleadings – form

Bryson J in Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), Bryson J, 7 March 1995, unrep): It is not fair to require a defendant to flesh out general expressions or indirect allusions by piecing together information in other documents such as...