News

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...

When two or more persons or entities own real estate (normally as tenants in common), one or more may wish to retain the property and another may wish to sell the property. In these circumstances, the Conveyancing Act 1919 provides a mechanism by which...

The case of White v Redding  NSWCA 152 highlights well the process the Court will undertake in considering negligence and compensation in sport injuries. Crucial to the plaintiff’s case was the fact that the plaintiff was not participating in the game but...

On the night of the accident, the plaintiff, a security guard employed by Sydney Night Patrol, was carrying out his duties on a site occupied by the defendant, then known as Leighton Contractors Pty Ltd. In the regular course of his patrol, the plaintiff moved to...

There are many good reasons why it is important to have a Will.  Here are 10 of them. By having a Will you can control who is to be your executor. Your executor is the person who controls your affairs when you die. If you do not have a Will, your executor may be...

On 19 September 2010 the appellant, Ms Makaroff, had an unfortunate incident with one of her horses, resulting in a dislocation to her right shoulder, and a bite wound. She was taken to Nepean Hospital, the first respondent, for plastic surgery on the bite wound....