Australia: Court Procedure

This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec

Recent Personal Injury Commission decisions have established a consistent framework for assessing sleep disorder claims in workers compensation matters, clarifying when insomnia and sleep disturbances qualify as independently assessable neurological impairments. This analysis examines the evolving jurisprudence and its practical implications for insurers defending permanent impairment claims.

The Harman undertaking, more accurately termed the implied obligation in Australia, automatically restricts how documents and information obtained through compulsory court processes may be used beyond their original proceeding. This obligation binds parties, solicitors, experts, and others who receive such material, covering disclosed documents, interrogatory answers, subpoenaed materials, affidavits and witness statements.

Recent NSW planning reforms have fundamentally altered the appeal process for deemed refusals of development applications, removing the previous six-month limitation period. Understanding these changes is critical...

If you’ve got an upcoming family law matter at Parramatta, it’s normal to feel a bit anxious about what the day will actually involve. Here’s a straightforward guide on what to expect, so you know what you’re walking into. Most people only ever attend family court once or twice in their lives, so it’s completely normal to have questions about the practical side of things.

Separating from a partner is hard enough without also having to work out who’s staying in the family home. Some couples manage to keep living under the same roof for a while after separating, but that’s not always realistic, especially where things have turned hostile or there’s a risk of family violence.

This monthly roundup examines key NSW Supreme Court and District Court decisions interpreting the Building and Construction Industry Security of Payment Act 1999, analyzing how courts are applying the legislation's 'pay now, argue later' philosophy in disputes over adjudication determinations, payment claims, and enforcement stays. The decisions address critical issues including interlocutory injunctions, payment schedule validity, and the interplay between interim adjudications and final dispute resolution

The Personal Injury Commission of New South Wales has issued its first decision addressing the use of generative AI in legal proceedings, establishing clear expectations for disclosure and verification when AI tools are employed. In Sentinel Community Services Pty Ltd v Clark Chesaites, an employer's undisclosed use of AI resulted in incorrect case citations and irrelevant statutory references, prompting the Commission to emphasize that compliance with AI disclosure rules applies equally to self-represented

When individuals have sustained psychological injuries and make compensation claims for the same, it is becoming increasingly common for defendants to organise examinations which involve an element of psychometric testing.