Update 63 amends the Bench Book to update and revise various chapters, and incorporate recent case law and legislative developments. The following chapters have been revised:
[1-0400] Closed court, suppression and non-publication orders
At [1-0410] Court Suppression and Non-publication Orders Act 2010 Qantas Airways Ltd v Persons Unknown (No 2) [2025] NSWSC 1328 has been added confirming a court may make orders under s 7(a) Court Suppression and Non-publication Orders Act 2010 prohibiting the publication of names of solicitors and counsel where deemed to be necessary under the grounds set out in s 8(1).
Kerry v NSW Ice Skating Association Inc [2025] NSWSC 833 has been added regarding the correct approach to the interpretation of s 8 in relation to a suppression or non-publication order being “necessary”.
[2-2600] Stay of pending proceedings
At [2-2680] Abuse of process Shreeve v Jourdan [2025] NSWCA 236 has been added as an example where a delay in commencing the proceedings and bringing an action on a judgment instead of taking enforcement action directly did not amount to an abuse of process.
[2-6600] Setting aside and variation of judgments and orders
At [2-6650] Absence of a party/undefended judgments Petrou v Vassilaidis [2025] NSWCA 174 was added as an example where the principles which govern the discretion under r 36.16(2)(b) of the Uniform Civil Procedure Rules (UCPR) were considered.
[2-7300] Trial procedure
Reference to Practice Note DC (Civil) No 1C “Attendance at Civil Proceedings by Audio Visual Link (AVL)” has been added to [2-7320] Time and place of trial.
At [2-7350] Party absent Allchin v Hunter Water Corp [2025] NSWCA 253 has been added for its confirmation that the procedure to be followed if a party is absent under r 29.7 UCPR applies where a party initially appears but then leaves the courtroom midway through the hearing.
[5-0200] Appeals except to the Court of Appeal, applications, reviews and mandatory orders
At [5-0220] Appeals to the Supreme Court and to the District Court Sheahan v Coolah Tourist Park Pty Ltd [2025] NSWSC 447 has been added regarding the conduct of an appeal to the Supreme Court under r 50.16 UCPR, and a notice of contention under r 50.11 UCPR.
[5-0500] Costs assessment appeals
This chapter has been extensively revised and updated by the Honourable Justice Nicholas Chen of the Supreme Court of NSW.
[8-0000] Costs
At [8-0090] Self-represented litigants (including lawyers) Elias v Smidt (No 3) [2025] NSWSC 1062 has been added regarding the question of whether, at common law, a solicitor who is employed by their own incorporated legal practice can recover costs for their professional time.