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Consequences of Breaching an Agreement
A breach of agreement occurs when one party fails to perform their obligations under a legally binding contract. The consequences of such a breach can be significant and may expose the defaulting party to various legal and financial liabilities. The primary remedy for...
NSW Police Officer Wins Psychiatric Injury Claim: Court Finds Systemic Failure in Support for High-Risk Duties
In a significant victory for frontline police officers grappling with the psychological toll of their work, the New South Wales District Court has ruled that the State breached its duty of care to a detective by failing to provide promised mental health support during...
Court Reaffirms Commitment to Existing Law in Mendez v Diocese of Parramatta
In Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta [2025] NSWSC 912, the Supreme Court of New South Wales has reaffirmed the principle that courts must determine cases based on the law as it currently stands, even in the face of...
High Court Decision in Bird v DP Reshapes Institutional Abuse Law in Australia
The High Court of Australia’s ruling in Bird v DP [2024] HCA 41, delivered on 13 November 2024, has sent shockwaves through the legal landscape, redefining the boundaries of institutional accountability in historical abuse cases. This landmark decision, culminating a...
Abolition of the Limitation Period for Sexual Abuse Claims: Implications for Religious Schools and Institutions in New South Wales
Introduction Legislative changes in New South Wales have significantly altered the legal landscape for religious schools and institutions facing historical sexual abuse claims. The abolition of the three-year limitation period for civil actions relating to child...
Defending a Family Provision Claim: The Executor’s Position in New South Wales
In New South Wales, executors are often placed in the position of defending family provision claims brought under the Succession Act 2006 (NSW). These claims arise when an eligible person alleges that the deceased’s will, or the distribution of the estate on...
Succession Planning for Businesses
Succession planning is very important for any business ensuring continuity and stability in the event of an owner’s retirement, incapacity, or unplanned departure. Unlike larger corporations, small to medium sized businesses often rely heavily on the leadership and...
When Can a Commercial Lease Be Terminated?
A commercial lease is a legally binding agreement between a landlord/lessor and a tenant/lessee, setting out the terms under which the tenant/lessee occupies commercial premises. Termination of such a lease can occur in several circumstances, each governed by the...
Supreme Court Dismisses Time‑Extension Application in Long‑Delayed Medical Negligence Claim
In Black v Hillier [2025] NSWSC 851, delivered by Elkaim AJ on 1 August 2025, the Supreme Court of New South Wales denied the plaintiff’s application to extend the statutory limitation period in a medical negligence claim relating to surgery performed between 1999 and...
Tribunal Finds Medical Practitioner Guilty of Misconduct Following Telehealth Consultations
The NSW Civil and Administrative Tribunal (NCAT), acting on referral from the Health Care Complaints Commission (HCCC), has found a registered medical practitioner guilty of both unsatisfactory professional conduct and professional misconduct. The finding follows...
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