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Can a Child under 14 years commit a Crime?
In New South Wales, the age of criminal responsibility is 10 years old. A child under 10 cannot be charged with a criminal offence. For children aged 10 to under 14, there is a legal presumption known as doli incapax, which assumes the child is incapable of...
Why is it important to know who your client is?
In a range of contexts, it is important to know who your client is. In most professional service contexts, the identity of the client is the starting point to providing advice. If it is not clear who the professional advisor is advising, this can cause issues as...
Mental Harm Damages Following Birth Trauma: Lessons from Sorbello
In South Western Sydney Local Health District v Sorbello [2024] NSWCA 14, the New South Wales Court of Appeal has provided timely guidance on two important issues in personal injury litigation: how courts choose between competing expert opinions on mental harm, and...
Damages for Defamation – Newman v Whittington [2025] NSWSC 275
A family dispute resolution practitioner was awarded $150,000 in aggravated damages, $10,000 in interest, and an injunction in a recent Supreme Court of New South Wales case. The defendant posted defamatory statements about the plaintiff on WordPress, Facebook, and...
What types of business structures are most common? What are their strengths and weaknesses?
There are many types of legal structures for businesses and each has its strengths and weaknesses. Much depends on particular circumstances. The common types of legal structures for businesses are:...
Review Panel Determines Right Hand Injury as Non-Threshold Injury
The Personal Injury Commission (PIC) has ruled in Tasseli v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 49 that damage to pre-existing surgical hardware constitutes a non-threshold injury, entitling the Claimant to ongoing statutory benefits and...
What are 5 legal requirements for a business?
When a new business is set up, there are various legal aspects which should be considered. Some are more important than others in the early stages. Obviously the nature of the business will dictate more specific legal requirements. We set out below some...
Court Dismisses Group Proceeding
A significant class action against Waller Legal Pty Ltd has been halted after the Supreme Court of Victoria ruled that the proceeding should no longer continue as a group proceeding. The case, Jane Jones (a pseudonym) v Waller Legal Pty Ltd [2025] VSC 42, involved...
How is an Easement Created by the Court?
In New South Wales, the Court may make an order imposing an easement over land if the easement is reasonably necessary for the effective use or development of other land that will have the benefit of the easement. Section 88K of the Conveyancing Act...
How to Enforce a Foreign Judgment in the Supreme Court of NSW: A Case Study on Chinese Court Judgments
In a recent legal proceeding before the Supreme Court of New South Wales, the Court granted leave for Yangpu Huigu Pharmaceutical Corporation Limited (the plaintiff) to enforce a Chinese judgment against Gaogeng He (the defendant). This case provides valuable insights...
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