News & Blog

Discovery is a key phase in most litigation and often one of the most important. It is a process ordered by the Court that requires parties to a proceeding to disclose relevant documents to each other to promote efficient conduct of the matter.

A Notice to Produce is a tool for litigants to obtain documents, governed by the Uniform Civil Procedure Rules 2005 (NSW).

It is now increasingly common in proceedings in Australia for parties to rely on historical website pages sourced from the Wayback Machine as evidence of what was shown on the particular website at a point in time relevant to the proceeding. In parti...

An upcoming High Court appeal could significantly change the way Courts assess claims for reliance damages in commercial litigation.

The original purpose of intellectual property laws is to protect the rights of authors and inventors by the grant of limited term statutory monopolies. Two main rationales underpin these monopolies: (a) the need to reward creators for the time and ef...

The Australian Consumer Law (ACL) is a national law that, amongst other things, includes protections for consumers and small businesses when buying goods and services in Australia. The ACL includes a regime in relation to 'unfair contract terms' (UCT...

The recent decision of McGuire bht McGuire v New South Wales Trustee and Guardian [2023] NSWSC 1013 provides helpful guidance on the eligibility of a de facto partner to receive a family provision order as well as the matters a Court considers when m...

In June 2023, a Canadian Court in South-West Terminal Ltd v Achter Land and Cattle Ltd, 2023 SKKB 116, held that the "thumbs-up" emoji carried enough weight to constitute acceptance of contractual terms, analogous to that of a "signature", to establi...