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Rental car agreements & drink driving
It is a common provision in car rental agreements that if the car is damaged as a result of the driver breaching a law in force where the accident occurs,…
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Costs - who pays when each party has some success
The Supreme Court recently issued a cost decision that grapples with an issue that occasionally arises once litigation is finalised. That is, if there are several issues in dispute in…
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Liability in the absence of a therapeutic relationship
The NSW Court of Appeal recently found a medical treatment provider was liable for personal injury, even though there was never a therapeutic relationship with the person who was injured.…
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Jones v Dunkel - the problem of not calling a witness at a hearing
Most lawyers know the case Jones v Dunkel: in general terms, it is authority for the proposition that if a party does not call a witness who can apparently give evidence…
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Lower than expected service leads to compensation
The Applicants contracted the Respondents to arrange their wedding reception at a venue overlooking Sydney Harbour. At 4 PM on the big day a pipe burst causing a flood. The…
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Bankruptcy and the “slip rule”
Most of us understand that once a judgement in a Court case is entered, it is final (except for any appeal rights). One minor exception, commonly known as the ‘slip…
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Real improvement in real estate transactions using technology
Have you noticed that a feature of electronic technology is the ability to collaborate? A person in Adelaide can now share information in a mouse click. A new electronic system…
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Contested Wills… the Court procedure
When a person intends to contest a Will, after establishing eligibility, he or she must commence proceedings in the Supreme Court. The District Court has jurisdiction however the Supreme Court…
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Directors’ liability for legal costs
A cautionary tale for directors who might think they can hide behind a “corporate veil” and avoid personal exposure. Parties to a complicated dispute settled the dispute and entered into…
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Can lease obligations operate ‘prior’ to the commencement date of the Lease?
Will a Court enforce provisions of a lease against a party in respect of a period of time prior to the commencement date of the lease? This was one of…
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If the husband was the puppet master, who was the puppet?
In a recent Family Law Full Court case, it was not in dispute that the husband exercised control over his 99 year old father’s unit trust (UT) including directing agents…
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The three questions kids are thinking about separation and divorce
Recently the Australian Institute of Family Studies released their Report “Children and young people in separated families: Family Law system experiences and needs”. The report involved interviews with 61 children…
