Acknowledgements

Judicial Officers and the Judicial Commission of New South Wales

This Bench Book was produced by the Judicial Commission of New South Wales.

The Commission thanks all the members of the Civil Trials Bench Book Committee for the generous donation of their time, support, energy, expertise and diligent advice:

  • The Honourable Justice Richard Weinstein, Supreme Court (Chair)

  • The Honourable Justice Kristina Stern, Court of Appeal

  • The Honourable Justice Andrew Coleman, Supreme Court

  • His Honour Judge Matthew Dicker SC, District Court

  • His Honour Judge William Fitzsimmons SC, District Court

  • Her Honour Judge Jennifer Atkinson, Local Court

  • Ms Una Doyle, Chief Executive, Judicial Commission

Authors

We wish to thank each of the following consultant authors and former members of the Civil Trials Bench Book Committee for their valuable contribution:

  • The Honourable Michael Campbell QC

  • His Honour Judge Hugh Dillon, Local Court

  • The Honourable John Dunford QC

  • His Honour Judge David Heilpern, Local Court

  • The Honourable Justice John Hislop, Supreme Court

  • The Honourable Justice Cliff Hoeben AM RFD, Supreme Court

  • The Honourable David Hunt AO QC

  • His Honour Judge Peter Johnstone

  • The Honourable Justice François Kunc, Supreme Court

  • His Honour Judge Ross Letherbarrow SC, District Court

  • His Honour Judge Brian Lulham, Local Court

  • His Honour Judge Garry Neilson, District Court

  • His Honour Judge Christopher O’Brien, Local Court (as he then was)

  • His Honour Judge Nigel Rein SC

  • Her Honour Judge Margaret Sidis

  • The Honourable Hal Sperling QC

  • The Honourable James Wood AO QC

We also wish to thank the following authors:

Chapter 2 — Procedure generally

  • Her Honour Judge L Ashford, District Court

  • The Honourable Justice P Biscoe, Land and Environment Court

  • His Honour Judge M Dicker SC, District Court

  • Her Honour Judge J Gibson, District Court

  • Ms Kate Lumley, Judicial Commission

  • His Honour Judge G Neilson, District Court

Chapter 4 — Evidence

  • The Honourable D Hunt AO QC, Consultant

  • Her Honour Judge M Kumar, District Court

  • The Honourable Justice E Peden, Supreme Court

  • The Honourable A Whealy QC, Consultant

Chapter 5 — Particular proceedings

  • The Honourable Justice C Adamson, Supreme Court

  • Her Honour Judge L Ashford, District Court

  • The Honourable Justice P Brereton AM RFD, Supreme Court

  • The Honourable M Campbell QC, Consultant

  • The Honourable Justice N Chen, Supreme Court

  • The Honourable Justice D Davies, Supreme Court

  • His Honour Judge M Dicker SC, District Court

  • Her Honour Judge J Gibson, District Court

  • His Honour Judge P Johnstone, President of the Children’s Court

  • His Honour Judge L Levy, District Court

  • The Honourable Justice P McClellan AM, Supreme Court

  • His Honour Judge G Neilson, District Court

  • The Honourable A Whealy QC, Consultant

  • Mr C Wood, Wentworth Chambers

Chapter 6 — Personal injuries

  • His Honour Judge A Scotting, District Court

Chapter 7 — Damages

  • His Honour Judge A Scotting, District Court

  • Her Honour M Sidis, Consultant

Chapter 8 — Costs

  • The Honourable Justice P Brereton, AM RFD, NSW Court of Appeal

  • The Honourable Justice N Chen, Supreme Court

Chapter 10 — Contempt

  • Mr D Norris, formerly of the Crown Solicitors Office (NSW)

Legal Publishers

The Commission also wishes to thank the contributors to, and publishers of:

  • J Anderson, N Williams and L Clegg, The new law of evidence: annotation and commentary on the Uniform Evidence Acts, 2nd edn, LexisNexis Butterworths, Australia, 2009

  • M Aronson, M Groves and G Weeks, Judicial review of administrative action and government liability, 6th edn, Thomson Reuters, 2017

  • Australian Law Reform Commission, Evidence (Interim), ALRC Report 26, Australian Government Publishing Service, Canberra, 1985, accessed 13/8/2026

  • Australian Law Reform Commission, ALRC Report 38, Australian Government Publishing Service, Canberra, 1987, accessed 13/8/2026

  • Australian Law Reform Commission, Uniform evidence law, ALRC Report 102, NSWLRC Report 112, VLRC Final Report, 2005

  • Australian Law Reform Commission, Unfair publication: defamation and privacy, ALRC Report 11, 1979 and For your information: Australian privacy law and practice, ALRC Report 108, 2008, accessed 13/8/2026

  • K Barker, P Cane, M Lunney and F Trindade, The law of torts In Australia, 5th edn, Oxford University Press, Australia and New Zealand, 2011

  • P Blazey and P Gillies, “Recognition and enforcement of foreign judgments in China”, International Journal of Private Law, Macquarie University, 2008

  • P Biscoe, Mareva and Anton Piller orders: freezing and search orders, LexisNexis Butterworths, Australia, 2005

  • R E Brown, Brown on defamation (Canada, United Kingdom, Australia, New Zealand United States), 2nd ed, Carswell, Canada, 1994–

  • Children’s Court of NSW website, including editions of Children’s Law News and Children’s Court CaseLaw, accessed 13/8/2026

  • M Collins, Law of defamation and the internet, 3rd ed, Oxford University Press, 2010

  • G Dal Pont, Law of costs, 2nd edn, LexisNexis, Sydney, 2009

  • E Finnane et al, Equity practice and precedents, Thomson Reuters, 2008

  • J Fleming, Law of torts, 9th edn, LBC Information Services, Sydney, 1998

  • P George, Defamation law in Australia, 2nd ed, LexisNexis, Sydney, 2012

  • J Hamilton and G Lindsay (eds), NSW civil practice and procedure, Thomson Reuters, Australia, 2005

  • P Handford, Limitation of actions: the laws of Australia, 2012, 3rd edn, Thomson Reuters, Australia

  • J Heydon, Cross on evidence, 14th edn, LexisNexis Butterworths, Australia, 2024

  • International Forum for Responsible Media, Inforrm’s Blog, Table of media law cases, accessed 13/8/2026

  • Judicial Commission of New South Wales, Children’s Court of NSW resource handbook, 2013, accessed 13/8/2026

  • A Kelly and N Walker, The mortgage stress handbook, Legal Aid NSW and the Financial Rights Legal Centre Inc, 4th edn, Sydney, 2019

  • M Marien SC, Care proceedings and appeals to the District Court, Judicial Commission of NSW, District Court of NSW Annual Conference, April 2011, NSW (This conference paper is available to judicial officers on the conference paper database through JIRS)

  • P McClellan, “New method with experts – concurrent evidence” (2010) 3 Journal of Court Innovation 259

  • P Milmo QC et al, Gatley on libel and slander, 11th edn, Sweet & Maxwell, London, 2010

  • NSW Law Reform Commission, Protecting privacy in NSW, Report 127, 2010; Access to personal information, Report 126, 2010; Privacy principles, Report 123, 2009 and other reports on defamation and privacy issues, accessed 13/8/2026

  • NSW Law Reform Commission, Security for costs and associated costs orders, Report 137, 2012, accessed 13/8/2026

  • S Odgers, Uniform evidence law, 21st edn, Thomson Reuters, Australia, 2026

  • Report of the independent inquiry into the media and media regulation, led by the former Justice of the Federal Court of Australia, Mr Ray Finkelstein QC, which was reported to the Australian Government on 28 February 2012, accessed 13/8/2026

  • D Rolph, “Irreconcilable differences? Interlocutory injunctions for defamation and privacy” (2012) 17 Media and Arts Law Review 170–200

  • P Taylor (ed), Ritchie’s uniform civil procedure, LexisNexis Butterworths, Australia, 2006

  • The Leveson Inquiry: culture, practice and ethics of the press, led by Lord Justice Leveson accessed 13/8/2026

  • T K Tobin QC, M G Sexton SC SG, J C Gibson DCJ (Bulletin author), S Hatfield (editor, LexisNexis), Australian defamation law and practice, LexisNexis, Sydney, 1991–

  • N Williams, J Anderson, J Marychurch and J Roy, Uniform evidence law in Australia, 2nd edn, LexisNexis Butterworths, 2018

  • J Wood, Report of the Special Commission of Inquiry into Child Protection Services in NSW, November 2008, accessed 13/8/2026

Production staff

We wish to thank the following Judicial Commission staff:

  • Ms Kate Lumley, Manager, Publications and Communications

  • Ms Tamsin Janu, Senior Legal Editor

  • Ms Philippa Breaden, Senior Legal Editor

  • Ms Dominique Cornelia, Solutions Architect