Category: Interlocutory/Case-Management

Supreme Court of Western Australia ... Judge calls out delays and cost implications of interlocutory disputes in long running case ... Eight month delay in giving reasons for judgment noted ... Window for trial lost due to delays ... Fresh interlocutory dispute from strike out application ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Case management in racial vilification claim brought by Zionist Federation CEO against journalist Mary Kostakidis ... Costs dispute over interlocutory application ... Justice Stephen McDonald counsels parties to maintain sense of proportion over trial length ... Editor Stephen Murray reports ... more

Supreme Court of NSW ... Sydney barrister has some success in strike out application over defence filed by Rebekah Giles and Giles George ... Suing for negligence and breach of Australian Consumer Law ... Needed to plead effect of phone call and email ... Hearne v Street obligation issue left for trial ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Pro-Israel activist not required to plead or particularise prior reputation to establish serious harm ... Suing over social media posts in wake of undercover visit to café ...  No universal requirement to prove prior reputation or plead it ... Forensic decisions have consequences ... Editor Stephen Murray reports ... more

District Court of Queensland ... Brisbane football club loses bid for summary judgment against ex-player ... Player suing over email explaining why her registration would not be accepted ... Suing club and member of committee ... Pleadings vague and ambiguous ... Entire statement of claim struck out ... Editor Stephen Murray reports ... more

District Court of NSW ... Self-represented plaintiff has pleaded publications and imputations struck out after failing to provide verbatim record of impugned phone calls ... Leave to replead ... Warning about use of generative artificial intelligence by litigants in person ... Citation of imaginary cases and principles of law ... Editor Stephen Murray reports ... more

District Court of NSW ... Jury trial rejected in defamation proceedings brought by former public servant ... Suing over podcasts linking him to child sex abuse and murder ... Difficulties with empanelling and maintaining jury ... Interests of justice and efficient court management ... Editor Stephen Murray reports ... more

Supreme Court of Western Australia ... Developer and tourism operator permitted to bring defamation action against WA Liberal figures ... Earlier refusal rested on Dank, now in doubt after High Court authorities ... Leave refused to bring action for tortious conspiracy against media and political defendants ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Jazz club owner Albert Dadon obtains extension of time to bring proceedings against Australian Financial Review ... Suing over report of Fair Work claim brought by former manager ... Advised to not "poke the bear" while defending Fair Work proceeding ... Delay not unreasonable ... Editor Stephen Murray reports ... more

Federal Court of Australia ... Application for recusal of Justice Michael Wigney in stoush between Gina Edwards and Giles George ... Question of solicitors' equitable lien over costs ... Justice Wigney proposes cross-vesting of matter with Supreme Court proceedings on foot ... Editor Stephen Murray reports ... more