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In 2007, the plaintiff was working as a self-employed brick cleaner on a building site, occupied by the defendant, a building company, at the time of the incident. The plaintiff fell approximately 4.5 metres, from scaffolding onto a pile of bricks. The scaffolding was...

In simple terms, a contract is a legally binding agreement between two or more parties. A contract can be in writing or verbal. For a contract to be reached between parties there must be an offer and acceptance, an intention to be legally bound and consideration. For...

A loved one has appointed you as his or her executor.  What do you have to do? The responsibilities of executors include to: 1: Make sure all property is insured. 2. Secure the assets of the estate. 3:  Itemise the assets of the estate. 4: Itemise the debts...

A commercial dispute can arise in varied circumstances.  There are numerous types of commercial disputes.  Some of the different methods that can be used to resolve a commercial dispute include: Negotiation – this can involve the parties in direct...

“Can I sue my workers compensation insurer?” This is a common temptation injured workers have after years of frustration with a broken compensation system. In a recent case, this is exactly what an injured worker did, albeit unsuccessfully. The plaintiff, Scot George...

The decision of Skinner v The State of New South Wales  NSWDC 36 is significant in that it provides guidance on section 318 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) and the onerous requirements for claimants to...

In NSW, there are various obligations on builders when carrying out residential building work. The Home Building Act 1989 states that the holder of a contractor licence, or a person required to hold a contractor licence before entering into a contract,...

In a recent court decision of Cullen v State of New South Wales, the Supreme Court of NSW has awarded a judgment of $800,000 to an ‘invasion day’ attendee injured by police officers after the court found the police negligent in their duty of care. The case involved a...

Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.2)  NSWSC 462 is a significant decision for claimants seeking damages for sexual abuse against a defendant who is deceased.  In the decision, Garling J...

On 16 August 2014, the plaintiff was skiing the slopes of Perisher Blue when a Perisher Blue ski instructor collided with her. The plaintiff suffered significant injuries as a result. The ski instructor was employed by the defendant, Perisher Blue Pty Limited and was...