[1-0600] Legal aid and pro bono procedures
At [1-0610] Court-based scheme Jeffreys v Sheer [2025] NSWCA 6 and Renshaw v NSW Lotteries Corp Pty Ltd [2021] NSWCA 41 have been added regarding the pro bono scheme being a precious and limited resource. Jeffreys v Sheer has also been added as an example of an unsuccessful referral.
[1-0800] Unrepresented litigants and lay advisers
At [1-0840] Assistance of lay advocates Sinanovic v Bone [2025] NSWSC 144 has been added as an example of a circumstance in which a distrust of, or an aversion to lawyers was held to be an insufficient reason to permit a lay advocate to represent a litigant.
Two articles have been added to further references: “Sovereign citizens: ideology, impacts and judicial responses” by the Honourable Peter Johnson SC, published in the Judicial Quarterly Review and “What do judicial officers need to know about sovereign citizens?” by Professor Michele Pathé, published in the Judicial Officers’ Bulletin.
[2-6300] Judgments and orders
At [2-6410] Written reasons and [2-6420] Deferred reasons Rock v Henderson (No 2) [2025] NSWCA 47 has been added to clarify that the obligation to give reasons is as soon as reasonably practicable after judgment is delivered. Mulvena v Government Insurance Office of NSW (Court of Appeal (NSW), unrep, 16 June 1992) is also referred to.
Three articles from the Handbook for Judicial Officers on judgment writing and the giving of reasons have been added to further references.
[2-6600] Setting aside and variation of judgments and orders
At [2-6680] The slip rule Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd (No 2) [2025] NSWCA 62 has been added on the slip rule extending to the correction of typographical errors.
[2-6900] Summary disposal and strike out applications
At [2-6920] Summary dismissal Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198 and Haigh v Haddad [2025] NSWCA 28 have been added as examples of abuse of process in which there has been an attempt to re-litigate issues which have already been determined in previous proceedings.
[2-7600] Vexatious proceedings
At [2-7620] Vexatious proceedings order Proietti v Proietti [2025] NSWCA 11 has been added to clarify that an application to vary or set aside an order under Vexatious Proceedings Act 2008, s 9 may not be used to bring a de facto appeal.
[4-1500] Privilege
At [4-1535] The inconsistency test — s 122(2) Schmuelly v Elrob Construction Group Pty Ltd (waiver of privilege) [2025] NSWSC 25 has been added as an example in which client legal privilege was waived under Evidence Act 1995, s 122 due to an affidavit made by the defendants filed in support of a motion to vacate the hearing.
See also [4-1589] Exclusion of evidence of matters of state — s 130 which has been renamed. Monteiro v State of NSW [2025] NSWSC 235 has been added, in which the NSW Supreme Court found the public interest in preserving the confidentiality of the information and the confidentiality of the personal details of any individual who provided that information significantly outweighed the public interest in admitting the information into evidence, or else making it available to the plaintiff for use more generally in the proceedings. The claim related to public interest immunity with respect to the redacted parts of documents in relation to an Extended Supervision Order which Community Corrections had responsibility for overseeing.
[5-7000] Intentional torts
At [5-7115] Justification has been updated to include a summary of the two limbs ((a) and (b)) of the s 99(1) of the LEPRA test. State of NSW v Randall [2017] NSWCA 88 and Emde v NSW [2025] NSWCA 41 have been added on interpretation of s 99(1)(b) such that the state of satisfaction required can only be successfully challenged if it was manifestly unreasonable, or “arbitrary, capricious, irrational or not bona fide”.
At [5-7118] Judicial immunity Queensland v Mr Stradford (a pseudonym) [2025] HCA 3, in which the High Court held that the common law of Australia affords the same immunity from suit to judges of inferior courts as it does to judges of superior courts, has been added.
At [5-7130] Proceedings initiated by the defendant Rock v Henderson (No 2) [2025] NSWCA 47 has been added for its confirmation that any extension of the tort of malicious prosecution to civil proceedings would require significant justification. In this case, it was held that the case for extending the tort of malicious prosecution to encompass proceedings seeking an AVO under the Crimes (Domestic and Personal Violence) Act 2007 was not established.
[6-1000] The legal framework for the compensation of personal injury in NSW
At [6-1010] General workers and [6-1020] Dust disease workers the workers compensation amounts have been updated.
[8-0000] Costs
At [8-0030] Departing from the general rule: depriving a successful party of costs Channel Seven Sydney Pty Ltd v Mahommed (No 2) (2011) 80 NSWLR 210 and El Assaad v Al Haje (No 2) [2025] NSWCA 17 have been added on determining whether the final judgment was no more favourable than the Calderbank offer and the inclusion of post-judgment interest. Multiple cases have been added on factors relevant to the question whether a rejection of an offer is unreasonable.
At [8-0130] Basis for assessment: ordinary and indemnity costs Degmam Pty Ltd (in liq) v Wright (No 2) [1983] 2 NSWLR 354 and Liu v Lam (No 2) [2025] NSWSC 264 have been added regarding decisions to order indemnity costs due to unreasonable conduct including knowingly and deliberately giving false evidence.