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What is the difference between a solicitor and a barrister?
Broadly speaking, barristers compared to solicitors are courtroom specialists who specialise in particular areas of law and are therefore often asked by solicitors for their opinion on technical and complex legal questions. Solicitors The term ‘lawyer’ refers to both...
Work Injury Damages – Appeal For An Extension Of Statutory Limitation Period
In the recent decision of Donoso v Blacktown City Council NSWDC 656, the Court granted the plaintiff leave to commence proceedings against his former employer, in which the statutory limitation period had expired. The injury occurred when the applicant was...
What are the powers of the NSW Independent Commission Against Corruption?
The Independent Commission Against Corruption (ICAC) has received considerable media attention lately particularly following the publication of the Operation Keppel investigation report which included reference to former premier, Gladys Berejiklian. ICAC has wide...
Brick cleaner falls 4.5m from scaffolding, awarded $1,043,000 in damages
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...
What is a contract?
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...
What does an executor do?
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...
How to resolve a commercial dispute?
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...
Disgruntled injured worker unsuccessfully sues his workers compensation insurer
“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...
Court disallows expert reports not included in Pre-Filing Statement
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...
What is a builder legally obliged to do?
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,...
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