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Section 12A of the Dust Diseases Tribunal Act 1989 (NSW) states that a plaintiff is able to bring proceedings before the tribunal in relation to dust related conditions at any time and that nothing in the Limitations Act prevents the bringing of such a claim. The...

Mr Cootes was employed as a foreman on a construction site, when he suffered serious injuries following an excavation collapsed on him. The collapsed excavation caused fractures to his lower back, and post-traumatic stress disorder. The plaintiff brought claims for...

It is important to know how to change or revoke your will and to know what the effect marriage, divorce and other life circumstances will have on your will. Once a will has been signed, it cannot be altered by crossing out clauses or writing in new ones. Such...

The rights and obligations of lessors/landlords and lessees/tenants in the retail lease environment are not only impacted by the contractual lease obligations that exist in the individual lease, but are also governed by the Retail Leases Act 1994 (NSW) (the Act)....

You may be eligible to make a public liability claim if the party responsible for your injury has been negligent by owing you a duty of care and thereafter breaching that duty of care. These types of claims can occur in places like shopping centres, walk-ways,...

Cosmetic surgery is booming in Australia. Australians now spend more on cosmetic procedures per capita than the United States. Every year Australians are consuming $350 million worth of Botox procedures, having 8,000 breast augmentation surgeries and 30,000...

Generally speaking it is best to avoid litigation and resolve disputes out of court.  There is generally a significant time and cost investment in litigation with resources deployed in litigation better off invested elsewhere. If a dispute can be resolved out of...

Ms Filiposka has been awarded $828,554 in work injury damages proceedings claiming negligence against her employer, Coles Supermarkets Australia Pty Ltd, in respect to a back injury she sustained in an awkward lifting incident whilst working as the manager in the...

An executor generally has 12 months from the date of death to distribute the estate. This is known as “the executor’s year”. There can be reasons why an executor has been delayed or not distributed the estate within the timeframe referred to above. The law in New...

In NSW there is a concept of an ‘informal will’.  Section 8 of the Succession Act 2006 (NSW) relates to a document that “purports to state the testamentary intentions of a deceased person” but “has not been executed…” In order to be an ‘informal will’,...