News
Failure to remedy known trip hazard results in successful public liability claim against Council
In Willis v Orange City Council [2025] NSWDC 208, the New South Wales District Court awarded over $133,000 in damages to a 76-year-old retiree who suffered injury after tripping in a concealed hole on a grass verge maintained by the Council. The decision provides a...
A Pitfall in the Playground: NSW Found Liable for Student’s Back Injury
In Stanberg v State of New South Wales, the NSW Court of Appeal overturned a decision of the District Court and found the State liable in negligence for injuries sustained by a primary school student during a long jump event. The case considers the scope of the...
Latest Case – Family Provision Claim – Angius v Angius [2025] NSWCA 113
Under the final will of the deceased, Giovanni (John) Angius, Jenny Angius, his daughter, is the sole beneficiary of his estate which had a net value of $29,588,261. No provision was made for the respondent, his granddaughter, Natalie Angius. The final Will replaced a...
How can the risk of litigation be reduced?
The risk of litigation can impose significant financial, reputation and operational burdens on a business. There are an array of areas where litigation can arise including in relation to contract disputes, employment issues, regulatory breaches, consumer...
How does the court assess pain and suffering?
In New South Wales (NSW), the assessment of pain and suffering—referred to legally as non-economic loss—is governed by the Civil Liability Act 2002 (NSW) ("CLA"). This is compensation for the intangible effects of the injury, such as pain and suffering, loss of...
Property Disputes – How Can They Arise?
Property disputes arise in many different ways – not only in commercial contexts but also in residential settings. Some of the types of property disputes include:...
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...
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