Us lawyers are notorious for many things. One of those things is pedantry. That is a predictable symptom of a profession that involves...

The below is the unedited manuscript for an article that was published in the Law Quarterly Review at (2024) 140 LQR 198. Introduction...

Over the past few months I have deliberately refrained from speaking publicly about the current conflict between Israel and Hamas. There...

(Also: how an AI bot holds up under cross-examination) I saw the following tweet not so long ago about how to "turn Chat GPT into your...

This post addresses by far the most common problem that I see in affidavits or witness statements. The problem is what is often referred...

Below is the unedited manuscript of an article that was published in the Australian Law Journal, citation (2022) 96 ALJ 185. Abstract...

Here's something that makes me angry: when I read a sentence like, "The next day John sent an email to myself and Amy saying blah." A...

The below is the text of my article which was published in the Journal of Civil Litigation and Practice as (2021) 9 JCivLP 122 Daniel...

This is the second in what may someday become a series of posts aimed at stamping out bad pleadings habits (first one here). This time we...

Further to this post, I made a supplementary submission to the inquiry into litigation funding and the regulation of the class action...

I have made a submission to the current inquiry into litigation funding and the regulation of the class action industry being conducted...

I'm not normally in the habit of writing posts of this type, but in recent days I have really felt the need to respond to the way that...

Originally published in Lawyerly: https://www.lawyerly.com.au/why-the-case-against-contingency-fees-does-not-stack-up Legal professional...

Yesterday the High Court handed down its long-anticipated decision in BMW Australia Ltd v Brewster; Westpac Banking Corporation v...

After years of difficult and costly hearings and appeals about which legal team/funder will get to represent the plaintiff where...

Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107

I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the...

You can't just defend a claim these days, you have to "vigorously" defend it. This post was triggered by an email from Lawyers Weekly...

In Abbott v Zoetis Australia Pty Ltd (No 2) [2019] FCA 462, a decision handed down last week by Lee J regarding an application for...

There was an interesting decision handed down by Garling J in the NSW Supreme Court last week in Fernandez & Anor v State of New South...