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How to know if your doctor has been negligent
Hospitals are often under resourced and doctors and nurses are being required to work onerous hours under significant stress. The law in medical negligence plays an important role in ensuring that each individual is duly compensated but also provides a financial...
What is the current state of law in relation to the duty owed by a landlord to his or her tenant in respect to potential personal injury?
Who is to blame for a collapsed balcony of a leased property? The managing agent of the property? The tenant? The landlord? These are difficult questions and the answer will often depend on the circumstances of each case. A landlord has a duty to ensure residential...
What is mediation?
Mediation is a process where an independent person (called the mediator) assists parties to a dispute to reach an agreed resolution. The parties agree who will be the mediator. The exception to this is where there is a court-annexed mediation, where the Court...
Can co-owners of a property in NSW force the sale of a property?
Properties are often owned by a number of persons or entities as tenants in common. It can arise that one or more owners wish to sell the property and others do not. Under section 66G of the Conveyancing Act 1919, where a property is held in co-ownership the...
Congratulations to Bernard McAuley, new Accredited Specialist – Personal Injury
McAuley Lawyers is pleased to announce that Bernard McAuley is now an Accredited Specialist in Personal Injury. The Law Society of NSW has accredited Bernard as specially competent in personal injury after a rigorous assessment program throughout 2022. Only a...
What is nervous shock?
Nervous shock is a historic term derived under English law which refers to psychiatric/mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Who can bring a nervous shock claim? In NSW, nervous shock claims can...
Why isn’t the Brittany Higgins trial conducted by Judge alone?
The trial of Bruce Lehrmann who is charged with sexual intercourse with Brittany Higgins without consent commenced on 4 October before 16 jurors. Given the significant media reporting over the allegations, the non-existence of provision for a judge alone trial in the...
Personal injury claims for individuals in custody
If an inmate has suffered personal injury whilst in prison, the inmate may bring a claim in negligence against the prison authorities, however the Civil Liability Act 2002 (NSW) (CLA) has special provisions for such claims which are onerous. Part 2A of the CLA...
In what circumstances are local councils liable to pay damages for injuries caused by potholes in their roads?
Potholes in roads can cause injuries to pedestrians and those using motor vehicles. Depending on the circumstances, the individual may be able to bring a claim against the council for damages. A local council is likely to be found liable if a council officer who has...
What does an executor do?
An executor is a person appointed under a Will of a deceased person. An executor has various duties including to: 1 Ensure that assets of the...
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