The following changes have been incorporated in this update:
Aon Risk Services Australia v Australian National University (2009) 239 CLR 175 is discussed at [2-0020] General principles.
All Practice Notes have been reviewed and updated.
[2-2600] Stay of pending proceedings
The decision of The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ  NSWCA 78 has been added at [2-2690] Other grounds on which proceedings may be stayed.
The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ has also been added at [2-3965] Cross references to related topics. In this case, the court noted that the inclusion of s 6A(6) of the Limitations Act 1969 recognises that the significant public interest to which the removal of the limitation period for actions of this kind gives effect remains subject to the court’s power to stay proceedings in the exceptional cases that call for its exercise.
[2-6300] Judgments and orders
Irlam v Byrnes  NSWCA 81 regarding r 36.2 UCPR and the time period between the delivery of judgment and the delivery of reasons has also been added at [2-6410] Written reasons. Cavanagh v Manning Valley Race Club  NSWCA 36, a recent decision regarding inadequacy of reasons for judgment has been added at [2-6440] Reasons for judgment.
[5-4000] Proceedings for defamation in NSW
This chapter has been extensively updated by her Honour Judge Judith Gibson, DCJ and reviewed by Professor David Rolph, FAAL from the University of Sydney Law School.
[5-7000] Intentional torts
Miles v Doyle (No 2)  NSWSC 1312 and Irlam v Byrnes  NSWCA 81 have been added at [5-7190] Damages including legal costs.
[6-1000] The legal framework for the compensation of personal injury in NSW
It is noted at [6-1045] Claims subject to the Motor Accident Injuries Act 2017 that from 29 March 2022, statutory benefits are payable for reasonable funeral expenses following the loss of a foetus of a pregnant woman that results from a motor accident.
State of NSW v Skinner  NSWCA 9 regarding prejudgment interest under s 151M of the Workers Compensation Act 1987 has been added at [7-1050] Workers Compensation Act 1987.
Osei v PK Simpson (2022) 106 NSWLR 458 has been added at [8-0170] Regulated costs under the subheading Claims for personal injury damages. In that case an injured plaintiff later sued his legal representatives and it was held that as the claim was for professional negligence and not damages for personal injury, the cap under Sch 1, cl 2 of the Legal Profession Uniform Law Application Act 2014 does not apply.
Download a print-ready pdf of Update 49