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Changes to the law relating to unfair contract terms come into effect on 9 November 2023. From this date, proposing, using or relying on unfair contract terms in standard form contracts will be banned. Penalties for breaches of the law will apply. The law has also...

In work injury damages claims where damages are limited to economic loss, the assessment of economic loss is often the significant issue in disagreement between the parties. Parties regularly obtain experts to make an assessment as to the injured worker’s capacity to...

While a director is protected to some extent by the corporate veil, directors have a range of responsibilities and potential liabilities. Some of these include:...

In MC v Morris  NSWSC 1326, the Supreme Court awarded the plaintiff damages in the sum of $3,510,513 in respect of a cause of action for assault and battery in the nature of sexual abuse brought against his former neighbour. The plaintiff alleged that he was...

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...