General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Makes Native Title Determination by Consent
The Federal Court made a determination of native title by consent for the claimant without the need for a trial. The decision reflects the recognition of traditional laws and customs in the claim area.
Respondents Ordered to Cover Claimant’s Legal Fees Except for Damages
In this case, the Federal Court ruled that the defendants must cover the plaintiff’s legal fees for all issues except the calculation of damages. The court made this decision based on the belated capitulation by the respondents and the absence of unreasonable behavior during the proceedings.
Security for Costs Ordered Due to Special Circumstances
Supreme Court Permits Late Amendment Without Prejudice
Limitation Act Issue in Nervous Shock Claim - NSW Supreme Court Decision
Supreme Court Rejects Motion for Land Possession
In this case, the Supreme Court of New South Wales dismissed a motion filed by one party seeking possession of land and summary judgment. The court directed the parties to consult on revoking probate and appointing an independent administrator to facilitate the resolution of the dispute.
Enforcing Chinese Civil Mediation Judgments in NSW
Workers' Compensation Claimant Protected from Costs Orders
Supreme Court Approves Scheme Meeting for an Online Retailer
Supreme Court Upholds Vexatious Proceedings Order Against Claimant
Trustee Removed and Replaced in Estate Proceedings
The Supreme Court of New South Wales decided to remove the current trustee of a testamentary trust and appoint a new trustee. The court also issued specific orders regarding costs and indemnity, ruling that the trustee could not obtain an indemnity from the estate for costs incurred in litigation without seeking judicial advice.
NSW Court of Appeal Dismisses Application for Leave to Appeal Due to Proportionality Concerns
Supreme Court Rejects Transfer Request in Insolvent Trading Case
In a recent decision, the Supreme Court of New South Wales rejected an attempt by a plaintiff to transfer insolvent trading proceedings from the District Court to the Family Court. The court ruled that such a move would unfairly delay resolution and increase costs for creditors involved in the case.
Claimant Granted Permission to Amend Statement of Claim in NSW Supreme Court
The NSW Supreme Court granted the claimant permission to file a further amended statement of claim, rejecting arguments that it would be an abuse of process. The decision was based on the interests of justice and the absence of any preclusive rule barring the amendment.
Costs Orders Varied Following Appeal
Second Plaintiff Awarded Equitable Compensation for Breach of Trust
The court ruled that the defendants must pay equitable compensation to the second plaintiff after they breached a trust regarding the proceeds from a property sale. The compensation was awarded due to the defendants' failure to uphold their obligations under the trust.
Brother Appointed as Trustee for Testamentary Trust
Supreme Court Removes Administrator Due to Misconduct
The Supreme Court of New South Wales removed an administrator from managing an estate because the administrator showed a lack of integrity and competence in handling the estate's affairs.
Court Orders Native Title Applicant to Convene Claim Group Meeting
The Federal Court ordered a a person a person claimant to hold a meeting where their group must decide if they will honour previous agreements made through mediation with other groups. If these agreements are not followed, the claimant may face costs for wasting time and resources of others involved in the process.