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10 Myths of Deceased Estates
Myth #1 – If I die without a Will it is no big deal. Truth: It can be a very big deal. There are lots of reasons for having a Will including controlling who is appointed as Executor, controlling who your Estate is paid to, appointing a Guardian for...
Parramatta & District Regional Law Society is pleased to announce its November Continuing Legal Education program!
Bede Haines, Barrister of University Chambers will discuss "2023’s Significant Property Cases – Conveyancing, Leasing and Easements", and Senior Judicial Registrar Brett McGrath of the Federal Circuit and Family Court of Australia will discuss...
Non-passengers precluded from bringing nervous shock claims against airline carriers arising from death of a passenger
The central issue before the High Court of Australia in Parkes Shire Council v South West Helicopters Pty Limited HCA 14 was whether a claim under the general law of tort for damages for negligently inflicted psychiatric harm (nervous shock) consequent upon...
Unfair Contract Terms
Changes to the law relating to unfair contract terms come into effect on 9 November 2023. From this date, proposing, using or relying on unfair contract terms in standard form contracts will be banned. Penalties for breaches of the law will apply. The law has also...
Plaintiff successfully appeals trial judge’s findings in relation to economic loss
In work injury damages claims where damages are limited to economic loss, the assessment of economic loss is often the significant issue in disagreement between the parties. Parties regularly obtain experts to make an assessment as to the injured worker’s capacity to...
What is a director of a company liable for?
While a director is protected to some extent by the corporate veil, directors have a range of responsibilities and potential liabilities. Some of these include:...
Quantifying damages for sexual abuse cases – MC v Morris NSWSC 1326
In MC v Morris NSWSC 1326, the Supreme Court awarded the plaintiff damages in the sum of $3,510,513 in respect of a cause of action for assault and battery in the nature of sexual abuse brought against his former neighbour. The plaintiff alleged that he was...
What property can be used for a family provision order?
If certain categories of persons are left out of a Will or inadequate provision is made for them in a Will or by way of intestacy, such person may be entitled to bring a claim on the estate. This begs the question what property can be used to satisfy such a claim by...
What is the difference between joint tenancy and tenants in common?
When there are two or more owners of property, a common question is – what is the difference between joint tenancy and tenants in common? For instance, when there are two owners of a piece of real estate, the property can be owned as joint tenants or tenants in...
Pick-packer wins appeal to recover damages for back injury
Injured picker-packer, Mr Williams, successfully has decision of the District Court of NSW overturned in the NSW Court of Appeal. Mr Williams was employed as a picker-packer in a product distribution centre operated by Metcash Trading Ltd when he sustained a back...
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