CommonBench § 00 — FIELD NOTES
Field NotesCase commentary · Product updates · Practical guides

Notes from the bench.

Case commentary, product updates, and practical guides on verified legal AI — across five common law jurisdictions.

CommonBench · Field Notes
Procedure · Featured
Procedure24 April 2026HK · UK · SG · AU · US

Setting Aside a Default Judgment: What to Do When the Court Rules Against You Without a Hearing

The claimant got judgment because you missed a deadline. Here's how to apply to set it aside — the test the court applies, the evidence you need, and the jurisdiction-specific rules in HK, UK, Singapore, Australia, and the US.

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§ 02 — Index

All articles.

Defamation22 August 2026

Defamation in Hong Kong: Suing, Defending and Counting the Cost

What Hong Kong law treats as defamatory, the defences that actually decide cases, why the internet changed the analysis, and the sober arithmetic of libel costs.

By the Bench
Personal Injury22 August 2026

Injured at Work in Hong Kong: Employees' Compensation and the Common Law Claim

Hong Kong gives an injured employee two claims, not one. How employees' compensation under Cap. 282 works, when a common law negligence action is worth bringing, and the deadlines that quietly destroy both.

By the Bench
Insolvency22 August 2026

Winding Up a Hong Kong Company That Will Not Pay

A Hong Kong company owes you money and has stopped answering. How the statutory demand and winding-up petition work, when the court will refuse to hear you, and what the petition really costs.

By the Bench
Estates22 August 2026

Contesting a Will in Singapore

Challenging a Singapore will means proving something specific went wrong: capacity, knowledge and approval, undue influence or formality. What each ground requires, and the family provision claim that is not a will challenge at all.

By the Bench
Civil Procedure22 August 2026

Starting a Civil Claim in Singapore Under the Rules of Court 2021

Singapore rewrote its civil procedure in 2021. Which court hears your claim, how an originating claim differs from an originating application, and the front-loading the Rules now demand.

By the Bench
Enforcement22 August 2026

You Have a Singapore Judgment. Now Get Paid.

A judgment is a piece of paper until you enforce it. Enforcement orders, examination of the debtor, attachment of debts, charging orders and the insolvency route in Singapore.

By the Bench
Personal Injury22 August 2026

Personal Injury Claims in Australia: Negligence After the Civil Liability Acts

Australia's civil liability statutes rewrote negligence and capped what an injured claimant recovers. What must now be proved, how the schemes differ by state, and the limitation traps.

By the Bench
Construction22 August 2026

Security of Payment in Australia: Getting Paid on a Building Job

Australia's security of payment legislation is designed to move money down the contractual chain fast. How the payment claim, payment schedule and adjudication sequence works, and how principals lose it.

By the Bench
Insolvency22 August 2026

Statutory Demands and Bankruptcy Notices in Australia

The two most dangerous documents in Australian debt recovery. How a creditor uses them, why the 21-day deadlines are absolute, and what a debtor must do the day one arrives.

By the Bench
Appeals22 August 2026

Appealing a Civil Judgment in England and Wales

Losing at trial is not the same as having a ground of appeal. The permission filter, the 21-day deadline, why findings of fact are almost unassailable, and the second appeals test.

By the Bench
Estates22 August 2026

Cut Out of a Will: Inheritance Act Claims in England and Wales

England lets you leave your estate to whom you please - and then lets a court rewrite it. Who may claim under the 1975 Act, what reasonable financial provision means, and the six-month deadline.

By the Bench
Evidence22 August 2026

Disclosure in England and Wales: PD 57AD and the Five Models

Disclosure is where most commercial cases are won, lost and made unaffordable. How the Disclosure Practice Direction works in the Business and Property Courts, and what the duty to preserve means today.

By the Bench
Enforcement22 August 2026

Collecting a Money Judgment in the United States

American judgments are enforced state by state. Domestication under the Full Faith and Credit Clause, executions and garnishment, debtor examinations, exemptions and voidable transfers.

By the Bench
Employment22 August 2026

Non-Competes and Trade Secrets in the United States

An employee has left for a competitor. Which state's law governs the restraint, what the Defend Trade Secrets Act adds, and why the answer differs sharply between California and Delaware.

By the Bench
Civil Procedure22 August 2026

The Motion to Dismiss: Rule 12(b)(6) and the Plausibility Standard

In American federal litigation the first real fight is whether the complaint may proceed at all. What Twombly and Iqbal require, what the court may look at, and how to answer a motion to dismiss.

By the Bench
Digital Assets15 August 2026

Crypto Fraud in Hong Kong: Freezing, Tracing and Recovering Stolen Digital Assets

Hong Kong courts treat cryptocurrency as property that can be frozen, traced and clawed back. What to do in the first 48 hours, and what recovery realistically costs.

By the Bench
Employment15 August 2026

Taking Your Employer to the Labour Tribunal in Hong Kong

Unpaid wages or a disputed termination payment in Hong Kong? How the Labour Tribunal works: conciliation first, no lawyers at the hearing, and how to turn an award into money.

By the Bench
Civil Procedure15 August 2026

Hong Kong's Small Claims Tribunal: Suing for Up to HK$75,000 Without a Lawyer

Owed HK$75,000 or less in Hong Kong? The Small Claims Tribunal is built for you: no lawyers allowed, modest fees, informal hearings. How to file, prepare your case and actually collect.

By the Bench
Practice15 August 2026

Mediation in Hong Kong Civil Cases: Practice Direction 31 and the Cost of Saying No

Hong Kong courts expect civil litigants to attempt mediation, and can punish an unreasonable refusal in costs. What PD 31 requires, what happens in the room, and when saying no is justified.

By the Bench
Enforcement15 August 2026

Enforcing Mainland China Judgments in Hong Kong: The Cap. 645 Regime

Since 29 January 2024, Mainland judgments can be registered in Hong Kong under Cap. 645 without an exclusive jurisdiction clause. What qualifies, how registration works, and how debtors fight back.

By the Bench
Digital Assets15 August 2026

Crypto Disputes in Singapore Courts: Property, Trusts and Stolen Coins

Singapore courts now treat cryptocurrency as property that can be frozen, traced and held on trust. What that means for scam victims, NFT owners and anyone whose exchange reversed a trade.

By the Bench
Harassment15 August 2026

Harassed, Stalked or Doxxed in Singapore: Using the Protection from Harassment Act

Stalked, doxxed or hounded online? Singapore's Protection from Harassment Act gives victims fast, affordable remedies. Here is how the Protection from Harassment Court works and how to use it.

By the Bench
Community15 August 2026

Neighbour From Hell? Singapore's Community Disputes Resolution Tribunals

Singapore built a statutory tort and a specialist tribunal for intolerable neighbours. What the CDRT can order, why mediation comes first, and the evidence that separates persuasive claims from grievance lists.

By the Bench
Personal Injury15 August 2026

Motor Accident Claims in Singapore: From Crash Scene to Payout

A collision on Singapore's roads starts two clocks at once. What to do in the first 24 hours, how fault is apportioned, and how to claim for vehicle damage and injury without losing your bearings.

By the Bench
Consumer15 August 2026

Singapore's Lemon Law: Your Rights When Goods Turn Out Defective

The thing you paid for does not do what it was sold to do. How Singapore's lemon law presumes early defects in your favour, and how to enforce the repair-replace-refund ladder against a reluctant dealer.

By the Bench
Digital Assets15 August 2026

Crypto Scams in Australia: Civil Recovery Through the Courts

Stolen crypto is not always gone. A practical Australian guide to tracing, freezing orders, disclosure against exchanges and suing persons unknown - and an honest view of when litigation is worth it.

By the Bench
Defamation15 August 2026

Defamation in Australia: Concerns Notices, Serious Harm and Defences

Australia rewrote its defamation law in 2021. Before you sue over a post or a review, or ignore a concerns notice, understand serious harm, the 28-day process and the defences.

By the Bench
Commercial15 August 2026

Misleading or Deceptive Conduct: Australia's Most-Pleaded Cause of Action

No dishonesty, no carelessness, no contract required. Why section 18 of the Australian Consumer Law appears in almost every commercial dispute, and how to bring or defend a claim.

By the Bench
Estates15 August 2026

Contesting a Will in Australia: Family Provision Claims Explained

Most Australian will disputes are family provision claims, not forgery fights. Who is eligible, the deadlines that differ by state, and why the estate does not always pay the costs.

By the Bench
Employment15 August 2026

Non-Compete Clauses and Restraint of Trade in Australia: What Holds Up

Australian restraint clauses are often drafted wider than the law allows, yet employers still win injunctions on them. How courts test non-competes, and what both sides should do.

By the Bench
Digital Assets15 August 2026

Crypto Fraud Recovery in England and Wales: Injunctions Against Persons Unknown

England and Wales built the modern playbook for crypto fraud recovery: proprietary injunctions, freezing orders, disclosure orders against exchanges, and service by NFT. How the campaign is staged, and what it costs.

By the Bench
Negligence15 August 2026

Suing Your Solicitor, Surveyor or Accountant: Professional Negligence Claims

Your solicitor missed the deadline, your surveyor missed the damp, your accountant's scheme failed. What a professional negligence claim requires in England and Wales, and when a complaint is the smarter route.

By the Bench
Property15 August 2026

Splitting Up When You Are Not Married: TOLATA Claims in England and Wales

There is no common-law marriage in England and Wales. When cohabiting couples split, the home is divided by trust law, not fairness. How TOLATA claims work, what evidence wins, and how to protect yourself.

By the Bench
Public Law15 August 2026

Judicial Review in England and Wales: Challenging a Public Body's Decision

Judicial review polices how public power is exercised, not whether it was exercised wisely. The grounds, the unforgiving deadlines, the permission filter, and what winning actually gets you.

By the Bench
Costs15 August 2026

No Win No Fee and Beyond: Funding Civil Litigation in England and Wales

From no win no fee to third-party funders and after-the-event insurance, a practical map of how to pay for civil litigation in England and Wales without betting the house.

By the Bench
Digital Assets15 August 2026

Crypto Losses in US Courts: Fraud Claims, Frozen Wallets and Failed Exchanges

Your tokens are gone but still visible on-chain. How US courts turn a wallet address into a defendant: civil claims, freezes, John Doe subpoenas, exchange bankruptcies and the receivership queue.

By the Bench
Civil Procedure15 August 2026

Discovery in US Civil Litigation: The Phase That Decides Most Cases

American discovery is broader and costlier than anything else in the common law world. What each tool does, the traps that catch the unwary, and how to survive the phase that settles most cases.

By the Bench
Arbitration15 August 2026

Forced Arbitration in the US: The Clause That Decides Where You Can Sue

The clause buried in your employment contract or terms of service decides where you can sue. How forced arbitration works, the exceptions that put you back in court, and how to use the forum you are stuck with.

By the Bench
Class Actions15 August 2026

US Class Actions: How They Work and What Class Members Should Do

That class action notice in your inbox is a decision with a deadline. What Rule 23 requires, how settlements really pay out, and when opting out to sue alone is the smarter move.

By the Bench
Jurisdiction15 August 2026

Personal Jurisdiction in US Courts: Where You Can Sue and Be Sued

Before any US court reaches the merits it must have power over the defendant. A plain-English map of minimum contacts, at-home jurisdiction, consent and the motion that contests them all.

By the Bench
Enforcement29 June 2026

Enforcing a Foreign Judgment: Collecting Across Borders

You won abroad but the assets are elsewhere. How to enforce a foreign judgment in England, Hong Kong, Singapore and Australia — register or sue afresh.

By the Bench
Company Law29 June 2026

Minority Shareholder Remedies: Unfair Prejudice and Derivative Actions

Squeezed out by the majority? How unfair prejudice petitions and derivative actions protect minority shareholders in the UK, Hong Kong and Singapore.

By the Bench
Civil Procedure29 June 2026

Norwich Pharmacal Orders: Unmasking Anonymous Wrongdoers

Defamed, defrauded or leaked-against by someone anonymous? A Norwich Pharmacal order can force a third party to reveal who they are. How it works.

By the Bench
Costs29 June 2026

Part 36 and Calderbank Offers: Settlement Offers That Shift the Costs

A well-pitched offer can flip who pays the costs — even if you lose. How Part 36 and Calderbank offers work in England, Australia and Hong Kong.

By the Bench
Costs29 June 2026

Security for Costs: Making the Other Side Put Money Up Front

Facing a claimant who may not pay your costs if they lose? How security for costs works in Hong Kong, Singapore and England — grounds, threshold, amount.

By the Bench
Civil Procedure29 June 2026

Striking Out and Summary Judgment: Ending a Hopeless Claim Early

You don't always have to reach trial. How strike-out and summary judgment kill — or defend — a weak claim in England, Hong Kong and Singapore.

By the Bench
Injunctions29 June 2026

The Cross-Undertaking in Damages: Claiming When a Freezing Order Was Wrong

A freezing order froze your assets — then the claim collapsed. The cross-undertaking in damages lets you claim your losses back. How the inquiry works.

By the Bench
Jurisdiction29 June 2026

Wrong Court, Wrong Country? Forum Non Conveniens and Staying Proceedings

Sued somewhere with no real connection to your dispute? How to apply for a stay on forum non conveniens grounds in England, Singapore and Hong Kong.

By the Bench
Enforcement29 June 2026

You Won — Now Get Paid: Charging Orders and Third Party Debt Orders

A judgment isn't money in the bank. Enforce it with charging orders over property and third party debt orders against accounts — England and Hong Kong.

By the Bench
Evidence24 April 2026

Without Prejudice: The Rule That Protects Settlement Talks (And When It Doesn't)

Two words that can win or lose a case. What 'without prejudice' actually means, the exceptions judges use to admit supposedly protected correspondence, and how to use the 'save as to costs' variant that forces the other side to take settlement seriously.

By the Bench
Tenancy9 April 2026

Bond Disputes in Australia — How to Get Your Rental Bond Back

Landlord withholding your bond? Fair wear and tear vs damage, state tribunal process (A$50-65 to file), and the evidence that wins.

By the Bench
Civil Procedure9 April 2026

How to Respond to a Statement of Claim in Australia

Served with a Statement of Claim in Australia? 28 days to respond. How to read it, write your defence, and file correctly.

By the Bench
Employment9 April 2026

Unfair Dismissal in Australia — Your Complete Guide to Filing with Fair Work

Unfair dismissal in Australia. 21-day deadline, A$83.30 filing fee, 75% settle at conciliation. Complete guide to Fair Work Commission claims.

By the Bench
Tenancy8 April 2026

Landlord Won't Return Your Deposit? Here's Exactly What to Do (UK)

Landlord won't return your deposit? Free ADR schemes, County Court claims, and potential 1-3x compensation under the Housing Act 2004.

By the Bench
AI & The Law8 April 2026

Why Using ChatGPT for Legal Advice Could Cost You Your Case

ChatGPT for legal advice? Lawyers have been sanctioned for fake citations. Why generic AI is dangerous for legal research.

By the Bench
Civil Procedure8 April 2026

You've Been Served: How to Respond to a County Court Claim in England and Wales

Served with a County Court claim? Step-by-step guide: 14 days to acknowledge, 28 days to defend, and what to do if you've already missed the deadline. Includes Denton v TH White relief from sanctions.

By the Bench
Construction7 April 2026

Construction Adjudication: The Fastest Route to Getting Paid

Construction adjudication explained. The fastest way to get paid on building disputes. 28-day decision, no court needed. UK, HK, SG guide.

By the Bench
Limitation7 April 2026

Limitation Periods in England & Wales: A Practical Guide

Limitation periods in England and Wales. Contract (6 years), tort (6 years), personal injury (3 years), and when time stops running.

By the Bench
Insolvency7 April 2026

Statutory Demands: A Complete Guide for Creditors and Debtors

Statutory demands explained. How to serve one, how to set one aside, and the 21-day deadline. Complete guide for creditors and debtors.

By the Bench
AI & The Law1 April 2026

AI Legal Research vs. Hiring a Lawyer: When to Use Each

AI legal research vs hiring a lawyer — an honest comparison. When AI tools are enough and when you need a human lawyer.

By the Bench
Contract1 April 2026

Breach of Contract in Australia: Remedies and How to Sue

Breach of contract in Australia. Your legal options, limitation periods, which court to use, and what damages you can claim. State-by-state guide.

By the Bench
Costs1 April 2026

Costs Orders Explained: What Happens If You Lose?

What happens if you lose in court? Costs orders explained — the loser pays rule, exceptions, and how to protect yourself. UK, HK, AU.

By the Bench
Injunctions1 April 2026

Freezing Orders (Mareva Injunctions) Explained

Freezing orders (Mareva injunctions) explained. What they mean, how to challenge them, and what you can still do with your assets. UK, HK, SG.

By the Bench
Civil Procedure1 April 2026

How to File a Defence in Hong Kong Without a Lawyer

Step-by-step guide to filing a defence in Hong Kong High Court and District Court without a lawyer. Forms, deadlines, and what to include.

By the Bench
Practice1 April 2026

How to Get a Second Opinion on Your Lawyer's Advice

Not sure your lawyer is giving the right advice? When and how to get a second opinion on your legal strategy — and what to look for.

By the Bench
Practice1 April 2026

Representing Yourself in Court: The Complete Survival Guide

Representing yourself in court? The complete survival guide — court etiquette, evidence preparation, addressing the judge, and common mistakes to avoid.

By the Bench
Civil Procedure1 April 2026

Small Claims Tribunal Singapore: A Complete Guide

Complete guide to Singapore's Small Claims Tribunal. How to file, what evidence you need, hearing process, and enforcement. Claims up to S$20,000.

By the Bench
Advocacy1 April 2026

What Is a Skeleton Argument and How Do I Write One?

What is a skeleton argument? How to write one for UK, HK, and Australian courts. Structure, common mistakes, and what judges want to see.

By the Bench
Pre-action1 April 2026

What to Do When You Receive a Letter Before Action (UK)

Received a letter before action? Your deadlines, how to respond properly, and when to seek legal advice. Complete UK guide.

By the Bench
Employment1 April 2026

Wrongful Termination in Singapore: Your Rights and Options

Wrongfully terminated in Singapore? Your rights under the Employment Act, TADM mediation process, and how to file with the Employment Claims Tribunal.

By the Bench
Civil Procedure1 April 2026

You've Been Sued: How to Respond to a Lawsuit in the US

You've been sued in the US. How to respond to a civil complaint — filing an answer, asserting defences, counterclaims, and critical deadlines.

By the Bench

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