Update 53, August 2023
[1-0000] Disqualification for bias
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs  HCA 15, in which there was a finding of apprehended bias in a multi-member court, has been added at [1-0020] Apprehended bias, [1-0030] Procedure and [1-0040] Circumstances arising outside the hearing calling for consideration.
Bakarich v Commonwealth Bank of Australia  NSWCA 43 has also been added at [1-0040] as an example of a judge having previously shared chambers with a legal practitioner involved in a case not giving rise to a finding of apprehended bias.
At [1-0050] Circumstances arising during the hearing Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd (2006) 229 CLR 577 and Odtojan v Condon  NSWCA 129 have been added regarding the limits of judicial interventions and observations.
[2-1800] Consolidation and/or joinder of proceedings
At [2-1800] Consolidation of proceedings ABC v AI  NSWSC 825 has been added as an example where an order was made that two proceedings be heard together pursuant to UCPR r 28.5 in the interests of justice.
[2-2600] Stay of pending proceedings
At [2-2690] Other grounds on which proceedings may be stayed, examples have been added of cases involving historical sexual abuse: MXS2 v Georges River Grammar School  NSWSC 529 (a fair trial would not be possible in the circumstances); BRJ v The Corporate Trusteees of The Diocese of Grafton  NSWSC 1077; cf Patsantzopoulos by his tutor Naumov v Burrows  NSWCA 79 (application for permanent stay not made out).
Anderson v State of NSW  NSWCA 160 has been added at [2-3920] Provisions applicable to all three categories and [2-3965] Cross references to related topics for its discussion of ss 50F(3) and 6A Limitation Act 1969.
[2-4100] Freezing orders
References to Frigo v Culhaci  NSWCA 88; Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 and Care A2 Plus Pty Ltd v Pichardo  NSWCA 156 have been added at [2-4110] Freezing orders.
At [2-4120] Strength of case Samimi v Seyedabadi  NSWCA 279 has been added as an example regarding what constitutes a “good arguable case”, and Care A2 Plus Pty Ltd v Pichardo  NSWCA 156 and Tomasetti v Brailey  NSWCA 6 have been added for their comments on when a freezing order is sought by an unsuccessful litigant pending appeal.
[2-4600] Persons under legal incapacity
At [2-4700] Compromise three cases have been added to exemplify the test of whether the compromise or settlement is in the best interests of the plaintiff: Nolan v Western Sydney Local Health District  NSWSC 671; Karvelas (an Infant) v Chikirow (1976) 26 FLR 381 and Robinson v Riverina Equestrian Association  NSWSC 1613. At Further reading, an article by the Hon P Brereton, “Acting for the incapable — a delicate balance” has been added.
[2-5400] Parties to proceedings and representation
Findlay v DSHE Holdings Ltd  NSWSC 249; Ellis v Commonwealth  NSWSC 550; Williams v FAI Home Security Pty Ltd (No 4)  FCA 1925; Kelly v Willmott Forests Ltd (in liq) (No 4)  FCA 323 and Court v Spotless Group Holdings Ltd  FCA 1730 have been added at [2-5500] Representative proceedings in the Supreme Court under the new heading “Settlement/discontinuation of proceedings” regarding considerations when assessing if a settlement is fair and reasonable. Augusta Pool 1 UK Ltd v Williamson  NSWCA 93 has also been added for its discussion on the discretionary nature of s 173 Civil Procedure Act 2005.
[2-7600] Vexatious litigants
The title of the chapter has been changed to “Vexatious proceedings” to be more in keeping with the name of the Vexatious Proceedings Act 2008.
Proietti v Proietti  NSWCA 132 has been added at [2-7610] Inherent jurisdiction and powers of courts and tribunals as an example of the fact that the court has power to make orders appropriately adapted to the circumstances of the case.
A paragraph on Teoh directions has also been added at [2-7610] based on Teoh v Hunters Hill Council (No 8)  NSWCA 125.
[5-2000] Monetary jurisdiction in the District Court
Adjustments have been made throughout to include the new jurisdictional limit in the District Court as at 16/12/2022 of $1,250,000 (previously $750,000), effected by the District Court Amendment Act 2022, s 4(1).
[6-1000] The legal framework for the compensation of personal injury in NSW
Payne (t/as Sussex Inlet Pontoons) v Liccardy  NSWCA 73 has been added at [7-0030] Contributory negligence for Beech-Jones JA’s analysis of the elements of s 50 Civil Liability Act 2002, along with other Court of Appeal judgments which have opined that ss 50(2) and (3) of the Act are not easily reconciled: Jackson v Lithgow City Council  NSWCA 312 and NSW v Ouhammi (2019) 101 NSWLR 160.
At [7-0050] Pecuniary losses Chen v Kmart Australia Ltd  NSWCA 96 has been added as an example of an appeal regarding assessment of loss of future earning capacity of an injured child where a modest buffer sum was awarded. Cf Clancy v Plaintiffs A, B, C and D  NSWCA 119, where the court found the primary judge’s assessment of C’s damages for future economic loss in the sum of $111,000, by way of a buffer, could not be sustained. See also, Penrith City Council v Parks  NSWCA 201, for a discussion of s 13 Civil Liability Act 2002 and where a buffer was awarded.
Gokani v Visvalingam Pty Ltd  NSWCA 80 has been added at [8-0120] Legal practitioners regarding application of the tests in Sch 2, cl 5 Legal Profession Uniform Law Application Act 2014 and s 99 Civil Procedure Act 2005.
In Further references the final resource has been updated to the Costs Assessment Rules Committee’s “Guideline: costs payable between parties under court orders”, published 25 May 2023.
[10-0000] Contempt in the face of the court
A [10-0150] General He v Sun (2021) 104 NSWLR 518 and Matthews v ASIC  NSWCA 155 have been added to the discussion of an appropriate penalty for contempt of court.