New commentary

• Onus to establish interference reasonable etc., at [CHRRA.7.40].
• Amending defamation proceedings, at [LAA23B.20].
• Documents tendered as evidence of contents but not as to truth, at [EA.48.60].
• Criminal proceedings pending, at [MCA.100.550].

Updated Commentary

• Chopsonion Pty Ltd (controllers appt) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4: Time did not begin to run in relation to claims under s 18 of the Australian Consumer Law “until the lenders ascertained they were not going to recover the full amount they were owed, through either a sale…or through realisation of security, or otherwise…”. See [LAA5.220].
• Haque v Victoria [2024] VSC 703: the term “speciality” in s 5(3) refers to contracts under seal. See [LAA5.260].
• Agrigrain Pty Ltd v Rindfleish [2024] NSWCA 295: where an injured worker has no clear understanding “of the way in which the corporate group in which he is employed is organised and does not appreciate which entity is the correct defendant”, the cause of action is not “discoverable” until he knows the identity of that defendant. See [LAA27F.20].
• Parkin v Boral Ltd [2025] FCA 70: a lay witness cannot give evidence except from his own knowledge. See [EA.79.20].
• Queensland v Mr Stradford (a pseudonym) [2025] HCA 3: the Court held that officers acting to enforce or execute orders or warrants made or issued by the Federal Circuit Court were acting pursuant to their legal duty. See [MCA14.20].
• Styche v Bourke [2025] ACTCA 5: the ACT Court of Appeal has held that the failure of a magistrate to give reasons does not necessarily provide a basis for a successful appeal. See [MCA109.100] and [MCA109.120]
• Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2025] NSWCA 5: where a garnishee order has been made pursuant to a judgement, and that judgement is subsequently set aside, the monies paid pursuant to the garnishee order are recoverable. There is no discretion to refuse relief under the general law. See [MCA111.60].
• Birketu Pty Ltd v Atanaskovic [2025] HCA 2: the High Court has now made it clear that solicitor litigants may properly charge in respect of work done by employees of the firm. See [MCA131.90].

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