Supreme Court of Western Australia … Woman has defamation action dismissed after failing to observe NSW requirements on concerns notices … Action concerned emails sent to recipient in NSW … Justice Paul Tottle rules NSW concerns notice provisions to be substantive … Takes issue with Justice Peter Applegarth’s construction of them as procedural … Courts Editor Stephen Murray reports … more
Category: Concerns Notices
Gayed v Virgin Mary & St Markorious Coptic Orthodox Church
Supreme Court of NSW … Coptic Orthodox Church parishioner seeks to sue priest and Church management over email sent to parishioners … Imputations of involvement in murder, money-laundering, theft and fraud … Said to be first instance of superior court of record considering validity of concerns notice with regards to serious harm element … Courts Editor Stephen Murray reports … more
Concerns notice provisions in the spotlight
Consideration of concerns notice provisions by Justice McElwaine in the Federal Court … Points of difference with authorities in lower courts … McElwaine J: concerns notice not a pleading document … Is there discretion to amend pleadings vis-à-vis the concerns notice? … Courts Editor Stephen Murray reports … more