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Civil procedure

Snaidero v Snaidero; Snaidero v Cater & Blumer Pty Ltd

The Court approved settlements in two linked proceedings involving Farm 16, approved a release of family provision rights, and ordered settlement funds paid to private trustees.

  • Approval of settlement for person under legal incapacity
  • Release of family provision rights
  • Payment of settlement monies to private trustees
  • Specific performance
  • Costs and dismissal orders
  • Approval-of-settlement
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Civil procedure

Huybers v Gardner Ekes Lawyers

The Supreme Court of New South Wales granted leave to join the defendant law practice’s insurer and to file an amended statement of claim, by consent.

  • Joinder of insurer
  • Leave to amend statement of claim
  • Discretion under the civil liability (third party claims against insurers) act 2017 (nsw)
  • Joinder-of-insurer
  • Leave-to-amend-pleading
  • Professional-negligence
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Negligence

S&P Gomes Pty Ltd ta Cohuna Hotel Motel v Sundar ta Sun Legal

S&P Gomes Pty Ltd ta Cohuna Hotel Motel v Sundar ta Sun Legal [2025] NSWSC 24

Solicitor found negligent in a hotel-motel purchase for failing to advise on pre-exchange inspections and contract terms; council claim failed.

  • Solicitor's duty of care
  • Scope of retainer
  • Contributory negligence
  • Limitation of liability
  • Causation
  • Loss assessment
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Civil procedure

MCX v GGX

MCX v GGX [2024] NSWDC 409

The court struck out a defective pleading but allowed the plaintiff to replead. It held the barrister’s advocate’s immunity argument was arguable, not a strike-out point.

  • Pleadings
  • Striking out pleadings
  • Advocate's immunity
  • Legal practitioners' duties
  • Consent orders
  • Amendment of pleadings
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Negligence

Odlum v Friend

Odlum v Friend [2024] NSWCA 159

The Court of Appeal dismissed Judith Odlum’s negligence appeal against her solicitor and barrister over advice on costs offers in property proceedings.

  • Advice on settlement
  • Causation in professional negligence
  • Assessment of damages
  • Duty of care of legal professionals
  • Professional-negligence
  • Legal-negligence
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Negligence

Lindsay-Owen v HWL Ebsworth Lawyers (No 2)

Lindsay-Owen v HWL Ebsworth Lawyers (No 2) [2024] NSWSC 541

The court resolved outstanding damages-quantification issues in a professional negligence claim, including treatment of expenses, NAB debt repayment, quid pro quo, discounting, and loss-of-chance calculations.

  • Solicitors' duties
  • Loss of chance
  • Damages assessment
  • Causation
  • Opinion evidence
  • Professional-negligence
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Evidence

Shuvkrem Group Pty Ltd v Double Bay Law Pty Ltd (No 2)

Shuvkrem Group Pty Ltd v Double Bay Law Pty Ltd (No 2) [2024] NSWSC 526

The Supreme Court of New South Wales ruled on disputed discovery documents, finding privilege over some communications but holding others waived and ordering production of specified pages from MFI 1.

  • Legal professional privilege
  • Waiver of privilege
  • Discovery of documents
  • Assessment of damages
  • Legal-professional-privilege
  • Waiver-of-privilege
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Tort law

Polsen v Harrison (No. 8)

Polsen v Harrison (No. 8) [2023] NSWSC 764

Medical negligence claim over bariatric surgery, warnings, and post-operative management dismissed; judgment entered for the defendant.

  • Medical negligence
  • Standard of care
  • Duty to warn
  • Causation
  • Inherent risk
  • Peer professional opinion
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Torts

Clark v Blackstock

Clark v Blackstock [2023] NSWDC 60

Default judgment in a medical negligence claim arising from cosmetic breast surgery, with damages assessed at $304,000 for scarring, pain, and psychiatric injury.

  • Professional negligence
  • Cosmetic surgery
  • Damages assessment
  • Professional-negligence
  • Medical-negligence
  • Cosmetic-surgery
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Legal profession

Jacups v The Fidelity Fund Management Committee of the Law Society of NSW (No 2)

Jacups v The Fidelity Fund Management Committee of the Law Society of NSW (No 2) [2022] NSWSC 1375

Appeal against disallowance of a fidelity fund claim dismissed. The Court held the plaintiff did not prove a compensable default or any need to remit the matter.

  • Claims against fidelity fund
  • Appeals from fidelity authority decisions
  • Application of transitional legal profession legislation
  • Requirements for 'default' and 'pecuniary loss' under uniform law
  • Fidelity-fund-claims
  • Legal-profession-uniform-law
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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.