News

If certain categories of persons are left out of a Will or inadequate provision is made for them in a Will or by way of intestacy, such person may be entitled to bring a claim on the estate. This begs the question what property can be used to satisfy such a claim by...

When there are two or more owners of property, a common question is – what is the difference between joint tenancy and tenants in common? For instance, when there are two owners of a piece of real estate, the property can be owned as joint tenants or tenants in...

Injured picker-packer, Mr Williams, successfully has decision of the District Court of NSW overturned in the NSW Court of Appeal. Mr Williams was employed as a picker-packer in a product distribution centre operated by Metcash Trading Ltd when he sustained a back...

The definition of “director” is found in section 9 of the Corporations Act 2001 and is defined to mean: 1) A person who is appointed to the position of a director or is appointed to the position of an alternate director and is acting in that capacity, regardless of...

A former general duties officer with the New South Wales Police Force (NSW Police), alleged that in her service as a police officer between May 2003 and June 2012, she was exposed to numerous traumatic incidents, and as a result suffered a psychological and/or...

With much discussion in the media about the upcoming referendum relating to the Voice, from a legal viewpoint it is worth considering what is a referendum. A referendum is a vote of the Australian people on a proposed change to the Australian Constitution. A...

On 1 October 2011, at the Old Bar Festival in Old Bar NSW a pilot of a light aircraft travelled from Taree Airport, to the Old Bar Airstrip, which lays adjacent to the land on which the Festival was taking place. While attempting to land the plane, the pilot veered...

Disputes often arise as to what constitutes common property and what constitutes lot property. This is particularly relevant in relation to the obligation of an owners corporation of a strata scheme to maintain and keep in a state of good and serviceable repair the...

In a landmark court decision, William Spedding (referred to as Mr. Spedding) successfully sued the State of New South Wales for malicious prosecution, misfeasance in public office, and collateral abuse of process. The case stemmed from Mr. Spedding's arrest and...

The plaintiff brought proceedings against the defendant, Dr Nita Dhupar, an obstetrician and gynaecologist, claiming damages as a result of alleged professional negligence in relation to a failed tubal ligation (Filshie clip) surgery, performed in August of 2014. The...