Australia: Court Procedure

The New South Wales Court of Appeal examined whether a $50,000 award for future economic loss to a minor injured in a café accident met the evidentiary requirements of the Civil Liability Act 2002. The decision clarifies the stringent standards courts must apply when assessing damages for children, particularly regarding assumptions about future earning capacity and the need for concrete evidence rather than mere possibilities.

An NCAT decision demonstrates how chronic maintenance failures by owners corporations can result in substantial costs orders, even without damages awards. The case clarifies when lot owners can be quarantined from contributing to legal costs and establishes clear responsibilities for identifying and delineating repair obligations in strata schemes.

In 2024, the Family Law Act was amended to give the Court the power to make a “harmful proceedings order”. These orders are designed to prevent a party from repeatedly bringing applications before the Court without first obtaining permission to do so.

Two recent Federal Court decisions clarify whether parties defending patent infringement claims can raise invalidity grounds they didn't pursue in earlier opposition proceedings. The rulings address when issue estoppel applies to claim construction findings and whether grounds like insufficiency can be re-argued on different factual bases.

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

The Full Federal Court's decision in Mastercard v ACCC establishes critical boundaries for legal professional privilege in regulatory disputes, examining when affidavit evidence about corporate purpose and strategy can trigger implied waiver. This case demonstrates how seemingly routine procedural steps in litigation can unexpectedly expose privileged communications to disclosure, with significant implications for how corporations manage evidence in regulatory investigations.

Discovery in litigation requires parties to identify, preserve and produce thousands of documents over expansive time periods, from emails to hard-copy records. Failing to properly disclose relevant documents can result in adverse costs orders, evidence exclusion and even contempt proceedings. Understanding the four key questions to ask of every document—whether it qualifies as a document, if you control it, its relevance, and whether it's privileged—can help navigate this burdensome and expensi

A recent NSW Supreme Court decision examines whether the 10-year statutory limitation period on building defect claims can be extended for contribution claims, and whether parties can amend pleadings on the final day before the limitation period expires.