Don't bite the hand that feeds you!
It’s a pretty simple rule. Most of us learn it at a young age. Even dogs know it. Now, the High Court has given it legal substance in the recent Banerji decision (Comcare v Banerji [2019] HCA 23). In this case, the High Court found that the dismissal of a government employee for airing negative views about her employer on Twitter was lawful. The Court made this finding even though the tweets were posted anonymously, using an alias. Even though the Banerji decision ultimately
LITIGATE vs EXPEDIATE: My dog ate my postman (and other popular excuses)
As a litigator for more than twenty years, I have heard every excuse in the book for failing to comply with deadlines. The problem is: if another party fails to meet a deadline, there is no penalty, unless you ask the Court to intervene. This costs time and money. And, you will most likely get an order that gives the other party more time, anyway. The Court should order that the other party pay your costs, but: They will usually be a proportion of your total legal costs; an
LITIGATE vs EXPEDIATE: Service of Documents
Why is it so hard to estimate the costs of Court action? There are any number of things that can (and probably will) go awry. Have you ever suffered the inconvenience of the Amazing Disappearing Customer? Just when you decide enough is enough, your Customer suddenly disappears. If your customer is a person, they must be personally served with Court documents. If you cannot find them, you have to apply to the Court for substituted service, if you want to proceed. What if yo
LITIGATE vs EXPEDIATE: Requests for Particulars
What’s the first thing some lawyers do when they receive a Statement of Claim? They ask for particulars. Even if they are already aware of the answers they purportedly seek. Often, you’ll get a few bona fide requests nestled in amongst several dozen unnecessary, convoluted and objectionable requests. If you don’t answer them, the Defendant might apply to the Court, which serves to delay the process even further. EXPEDIATE does not allow parties to make requests for particul
