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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...

There are all sorts of commercial disputes which businesses large and small can become involved in.  Here are 10 common examples: Contractual disputes – what is the meaning of an agreement and how should it be interpreted. A contract can be in writing, oral...

A family provision claim is a claim brought by a person against the estate of a deceased person seeking, in effect, an entitlement from the estate.  This may arise because the person has been ignored or overlooked by the deceased or arguably insufficient...

Una negligencia médica se produce cuando un profesional sanitario actúa saltándose los estándares médicos exigibles por ley (ya sea por acción u omisión) causando en la mayoría de ocasiones un daño físico o incluso psicológico al paciente. A continuación se van a...

The two children attended Footprints Childcare Centre, owned by Little Pigeon Pty Ltd, between 2008 and 2010, where Mr Bird worked and was a 1% shareholder in the company. Both of the child’s Mothers removed them from the centre upon hearing that Mr Bird had been...

Coalroc Contractors Pty Ltd (the appellant) appealed against a judgment in favour of Troy Matinca (the first respondent) entered by Campbell J (the primary judge). The primary judge found the appellant liable in negligence and awarded the first respondent a sum of...

The decision of JFIT Holdings Pty Ltd t/as New Dimensions Health & Fitness v Powell NSWCA 137, provides guidance on breach of duty of care for gym operators and whether a risk of harm is ‘not insignificant’. In this case, the gym operator was unsuccessful in its...