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Published by Andrew Lacey

Still unsure about Briginshaw?

In a recent decision, The Estate of Shirley Gardner, Bernengo v Leaney [2019] NSWSC 1324, the NSW Supreme Court was asked to consider the circumstances in which the Briginshaw principle may be invoked. In this case, the Court declined to apply the Briginshaw principle and instead had regard to the factors set out in section 140(2) of the Evidence Act 1995 (NSW), which effectively subsume the Briginshaw principle. The decision serves as a timely...
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