|
Your Facebook, Your Responsibility
A recent decision of the Supreme Court of New South Wales[1], has found that media companies could be liable for defamatory comments made by readers, concerning news stories posted on…
|
Heritage Approval & When It Is Required
Most readers will know that a number of older, or historically significant buildings, are ‘listed’ by the State Heritage Council; and the consent of the Council is required for any…
|
Obtaining a Stay of Judgement, pending Appeal
As most readers would know, many trial decisions can be appealed if the unsuccessful party believes the judge made an error. Less widely known is that lodging an appeal does…
|
Should you provide an Indemnity?
Indemnity clauses are frequently included in contracts, whether they are simple contracts or complex commercial contracts. However, simply because indemnity clauses are common, their importance should not be understated. Indemnity…
|
Expert Opinion Evidence in Damages Claims
The Supreme Court of NSW decision of Menz v Wagga Wagga Show Society Inc (No. 1) [2018] NSWSC1446 emphasised that the admissibility of expert opinion evidence depends on whether or not it falls…
|
Family Law Proceedings and ADVOs
Apprehended Violence Orders (AVOs) are made to protect a person (the victim) from a listed person (the defendant) in circumstances of violence. AVOs can be applied for privately, or by…
|
Paying the price for misrepresentations by others - principals and agents
The NSW Court of Appeal recently considered the “fallout” from a dishonest representation by an agent. Very briefly, Mr P sold a house at Seaforth to Mrs C for $8.55M. …
|
The Value of Keeping Wills safe
A woman died unexpectedly in a car accident. A month before the accident she had handwritten a new Will. She told her girlfriends that, having separated from her husband she…
|
NCAT Nullifies Noisy Neighbour
In the recent decision of Terry v Drummond [2019], NCAT ordered that a noisy neighbour in a strata building needed to fit extra floor coverings and limit the use of power tools…
|
Reporting Matters of Legitimate Public Interest - The William Tyrrell Case
William Tyrrell disappeared on 12 September 2014, then aged 3 years of age. A coronial inquest into his disappearance is currently before the NSW Coroner’s Court. William Tyrrell’s disappearance is…
|
Mandatory mediation for all family law matters
At the moment it is a requirement, except in limited circumstances, for parties in dispute about parenting matters to try mediation before they can commence Court proceedings. The Australia Law…
|
Time to move on? A new test for knowledge and approval
Justice Leeming has commented that whilst Australia is relying upon nineteenth century English decisions, England has in fact moved on and it might be preferable for NSW law to do…
