Australia: Civil Law

A recent NSW court case examines when developers and builders can be held liable under section 37 of the Design & Building Practitioner's Act 2020 for defective building work. The decision clarifies what constitutes 'substantive control' over construction work and establishes the evidentiary threshold required to prove breach of the statutory duty of care.

Commercial litigation in Australia is becoming increasingly front-loaded, with courts placing greater emphasis on early evidence preservation, tighter pleadings and faster case management. Businesses delaying preparation can find themselves at a strategic disadvantage before proceedings have properly begun.

Contesting a will involves navigating complex legal procedures, from obtaining estate information and establishing eligibility to gathering evidence and potentially filing court applications. Understanding the step-by-step process, including negotiation options and court determinations, can help eligible persons assess whether they have grounds to challenge inadequate provision in a deceased's estate.

Key takeaways from recent case regarding the installation of aluminium composite panels in the refurbishment of the Star Casino in Sydney from 2014 to 2016.

A later expert report can be a "material fact of decisive character" justifying a limitation extension when it is the first expert report to establish negligence.

This article will discuss the importance of a commercial litigation lawyer in Sydney, the types of disputes we handle, and how to choose the right legal representation.

Recent defamation and contempt of court case discussed.

Key takeaways from recent case where experts held different views.

Complexities medical professionals face when giving evidence at a coronial inquest.