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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Practice and procedure

Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Expert Evidence Admissibility)

Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Expert Evidence Admissibility) [2025] FCA 75

The Federal Court rejected Money3’s challenge to ASIC’s expert report, holding the report sufficiently disclosed its factual basis and specialised knowledge.

  • Expert evidence
  • Responsible lending
  • Admissibility of evidence
  • Credit contracts
  • Expert-evidence
  • Admissibility-of-evidence
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Evidence law

Parkin v Boral Limited (Materiality Evidence Ruling)

Parkin v Boral Limited (Materiality Evidence Ruling) [2025] FCA 70

The Federal Court declined to exclude expert materiality evidence in a continuous disclosure class action, finding any prejudice could be managed and the issue went to weight.

  • Admissibility of expert evidence
  • Materiality in continuous disclosure
  • Representative proceedings
  • Costs of expert evidence
  • Expert-evidence-admissibility
  • Continuous-disclosure
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Evidence law

Boral Limited v Parkin

Boral Limited v Parkin [2024] FCAFC 169

Full Court allowed Boral’s appeal against an evidentiary ruling permitting cross-examination about privileged EY communications in ongoing investor class actions.

  • Legal professional privilege
  • Adduction of evidence
  • Loss of privilege
  • Statutory interpretation
  • Legal-professional-privilege
  • Evidence-act
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Criminal law

R v Askarou

R v Askarou [2024] NSWDC 552

The District Court refused the Crown’s bid to admit prior evidence of an overseas witness, finding the Crown had not taken all reasonable steps to secure attendance.

  • Hearsay evidence
  • Unavailability of witness
  • Reasonable steps to secure attendance
  • Pre-trial procedural applications
  • Criminal-law
  • Evidence-law
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Practice and procedure

Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission

Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237

The Federal Court dismissed Mastercard’s application for leave to appeal against an interlocutory decision taking judicial notice of RBA statistical information under s 85A.

  • Judicial notice
  • Statistical evidence
  • Leave to appeal
  • Competition and consumer act
  • Judicial-notice
  • Leave-to-appeal
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Criminal law

R v Bates

R v Bates [2024] NSWDC 612

The District Court held that disputed electronic communications could be tendered by the defence even though the complainant denied authorship, with jury directions to follow.

  • Admissibility of evidence
  • Documentary evidence
  • Authenticity of documents
  • Jury directions
  • Sexual offences
  • Relationship evidence
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Criminal law

R v Farrell

R v Farrell [2024] NSWDC 547

DNA evidence was excluded after the court found serious non-compliance with forensic procedure safeguards, including informed consent and interview-friend requirements.

  • Admissibility of forensic evidence
  • Informed consent
  • Legislative safeguards for vulnerable persons
  • Breach of statutory procedures
  • Balancing test for admissibility
  • Dna-evidence
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Criminal law

Chief Commissioner of Police v CrupiCitation:[2024] HCA 34Before:Gageler CJ, Edelman, Beech-Jones JJDate:11 Sep 2024Case Number:M83/2023Read more

The High Court considered whether a judge gave adequate reasons when refusing disclosure of informer-related documents on public interest immunity grounds under s 130 of the Evidence Act 2008 (Vic).

  • Public interest immunity
  • Adequacy of reasons
  • Disclosure of documents
  • Informer protection
  • Adequacy-of-reasons
  • Public-interest-immunity
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Employment law

Sharpe v TechnologyOne Limited

Sharpe v TechnologyOne Limited [2024] FCA 962

The Federal Court dismissed a strike-out application, finding it was not plain the claimant’s reliance on a letter and enclosure was wholly barred by without prejudice privilege.

  • Without prejudice privilege
  • Admissibility of evidence
  • Strike out application
  • Adverse action under fair work act
  • Summary judgment
  • Without-prejudice-privilege
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.