Civil Trials Bench Book Update 50 published

The following changes have been incorporated into this update:

[1-0400] Closed court, suppression and non-publication orders

It is noted at [1-0410] Court Suppression and Non-publication Orders Act 2010 that Sch 5, cl 91 of the Broadcasting Services Act 1992 (Cth) has been replaced by s 235 of the Online Safety Act 2021.

[2-1400] Cross-vesting legislation

The cases of Guan v Li [2022] NSWCA 173 and Boensch v Pascoe [2016] NSWCA 191 have been added at [2-1400] Cross-vesting.

[2-4600] Persons under legal incapacity

At [2-4630] Tutors/Guardians ad litem, the decision of CM v Secretary, Dept Communities and Justice [2022] NSWCA 120 has been added. It is noted here that the legislative power to appoint a guardian ad litem for both a child or young person in s 100 of the Children and Young Persons (Care and Protection) Act 1998 is framed in different terms from the power in s 101 to appoint a guardian ad litem for a parent.

[5-1000] The Special Statutory Compensation List

At [5-1030] Police Regulation (Superannuation) Act 1906, the case of SAS Trustee Corporation v Colquhoun [2022] NSWCA 184 has been added. In that case, the Court of Appealhaving regard to the legislative history of s 9A(4) of the Police Regulation (Superannuation) Act 1906 found no narrowing of the range of circumstances that the appellant could consider in determining whether an application should be backdated.

[5-3500] Trans-Tasman proceedings

The case of Zurich Insurance PLC v Koper [2022] NSWCA 128 which considered the constitutional validity of ss 9 and 10 of the Trans-Tasman Proceedings Act 2010 (Cth) has been added at [5-3510] Service in New Zealand of initiating documents issued by Australian courts and tribunals.

[5-7000] Intentional torts

At [5-7188] Misfeasance in public office, the case of Toth v State of NSW [2022] NSWCA 185, which includes a discussion of what is required to succeed in a claim for misfeasance in public office, has been added.

[5-8500] Applications for judicial review of administrative decisions, including decisions of tribunals

For a discussion of the consequence of s 69 (3) and (4) of the Supreme Court Act 1970, the case of Malek Fahd Islamic School Ltd v Minister for Education and Early Childhood Learning [2022] NSWSC 1176 has been added at [5-8505] Jurisdiction.

[7-0000] Damages

This chapter has been extensively revised and updated by his Honour Judge A Scotting of the District Court of NSW.