News
17 year old awarded $670,200 after suffering burns to 44 percent of his body at a friend’s party
The plaintiff, Mr Tre Lawson suffered extensive burns when he was aged 17 years, on 6 November 2016 whilst he was on premises occupied by the defendant, Mr Raymond Hubbard. The court found that the injuries were incurred due to the negligence of the defendant and...
What is misleading or deceptive conduct?
The law in Australia recognises claims for misleading or deceptive conduct in some circumstances. The Australian Consumer Law which is set out in Schedule 2 of theCompetition and Consumer Act 2010 (Commonwealth) (which was formerly the Trade Practices Act...
8 Things to Do When a Loved One Dies – From a Legal Perspective
When a loved one dies, there are often many things to consider. Here are some things to consider from a legal perspective: Check that the deceased’s property is insured. Check that any real estate owned by the deceased is secure. Obtain the Death Certificate. ...
Consumer Protection Laws
Consumers are protected under the Australian Consumer Law. Consumers who acquire services for personal, domestic or household use, which have a value less than $40,000 are protected. This limit of $40,000 does not apply to motor vehicles. The general protections are...
Can an executor renounce their role? Can a renunciation be withdrawn?
While a person who makes a Will can appoint whoever as their executor, when the person dies the particular executor or executors can renounce their role. This should be done as soon as possible. There is a form which can be signed by the executor to renounce. A...
Court Finds Mt Owen Pty Ltd Liable for Employee’s Negligence in Glendell Coal Mine Accident
The New South Wales Court of Appeal has ruled that a host employer, in this case Mt Owen Pty Ltd, is vicariously liable for the negligence of a worker, Mitchell Kemp, who injured a colleague during maintenance of a bulldozer at Glendell coal mine in July 2017. Mr Kemp...
McAuley Lawyers Snowy Mountains office selected as a finalist in the Snowy Monaro Business Awards
McAuley Lawyers has been selected as one of the finalists in the prestigious Excellence in Micro Business Award in the Snowy Monaro Business Awards. The prestigious awards ceremony aims to celebrate and recognise the outstanding achievements of businesses and...
How does a Court interpret a contract?
The interpretation or ‘construction’ of contracts is a sub-set of contract law. In Australia, when interpreting a contract, Courts will attempt to give effect to what the parties intended. What the parties intended is to be assessed objectively not subjectively....
Storeman Awarded $653,176.11 Following Work Injury
A former storeman at Legrand Australia Pty Ltd has been awarded $653,176.11 following his work injury. Legrand Australia is an electrical installation and digital building infrastructures specialist. On 21 March 2016, Mr Narayan was injured at work when he was...
What is the difference between a Power of Attorney and an Enduring Power of Attorney?
The main difference between a Power of Attorney and an Enduring Power of Attorney is that an Enduring Power of Attorney generally survives the loss of capacity of the principal, whereas a Power of Attorney may cease to have effect when and if the principal loses...
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