General & Other

Rateable Distribution of Trust Funds Ordered Due to Tracing Impossibility

Supreme Court Rules State Liable for School Accident Injuries

A student was injured after falling from a balcony while at school. The case went to the Supreme Court of New South Wales where it was determined that the State had been negligent in supervising the child and providing safe facilities. As a result, significant compensation was awarded to the claimant.

Federal Court Rejects Motion for Discovery and Costs

In a case before the Federal Court, the claimant requested that certain parties provide evidence and cover costs related to documents not previously considered by the initial judge. The court ruled against this request, deeming it an improper use of legal procedures.

Claimant's Relief Under Corporations Act 2001 Dismissed by NSW Supreme Court

The claimant asked the NSW Supreme Court for relief under the Corporations Act 2001, claiming that the defendants had oppressed them. However, the court dismissed the claim because there wasn't enough proof that the claimant's investment was damaged.

Validity of Restraint of Trade Clauses in Medical Practice Sales Agreements

Sham Transactions Invalidate Previous Judgment

The court decided that certain financial transactions were not legitimate and were used to hide assets from creditors. As a result, the court invalidated these transactions and allowed the enforcement of a previous judgment against the claimant.

Separation of Questions in Directors and Officers Liability Insurance Case

Federal Court Denies Request for Cost Installments

The Federal Court rejected a request from an unrepresented party to pay legal costs by instalments or delay enforcing the payment order until further notice. The court found that there was no reasonable prospect of the party meeting any instalment payments in the future, given their current financial situation and lack of assets.

Company Granted Extension to Call General Meeting Due to Logistical Challenges

Federal Court Rules Mediation Agreement Settles Legal Proceedings

NSW Court of Appeal Reduces Damages for School Accident Injury

Interest on Life Insurance Policy Dispute - Federal Court Decision

In this case, the court decided that interest should start running from the date when the insurer became aware of the death and the dispute over the policy proceeds. The court also allowed the insurer to recover costs from the policy proceeds.

Costs Reserved Until Trial Conclusion in Defamation Case

Federal Court Grants Leave for Non-Legal Representation of Corporation

The Federal Court allowed a company to be represented by someone who is not a solicitor in a complicated lawsuit involving intellectual property rights and breaches of trust. This decision was based on the company's financial difficulties and the complex nature of the case.

Appeal Dismissed: Lay Advocate Leave Refused

Anti-Suit Injunctions to Protect Court Orders

The court granted injunctions to stop the respondents from starting or continuing legal proceedings in foreign courts that contradict previous orders made by the court. These injunctions aim to protect the integrity of the court's processes and ensure that the previous orders are respected.

Surf Club Member's Expulsion Upheld Despite Internal Procedure Flaws

The court upheld the decision of a surf club to expel one of its long-standing members, despite finding flaws in the club's internal procedures. The key factor was that the member had a chance to argue their case in front of the general membership.

Statement of Claim Dismissed for Inchoate Cause of Action

Personal Injury Claim Time Extended Due to Unawareness

Federal Court: Legal Advice on Pleadings May Waive Privilege

In this case, the court decided that when one party introduces an issue in their defence based on their state of mind at the time of a contract or agreement, they cannot claim legal professional privilege for any legal advice related to that issue. This decision affects how parties can use legal advice as part of their defences.