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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...
Royal North Shore Hospital settles claim for more than 1 million dollars following allegations of negligence
The children of the late Ms O’Regan have settled a claim against Royal North Shore Hospital following the death of their mother following allegations of negligence in the treatment by the hospital of their mother. The late Ms O’Regan committed suicide whilst admitted...
Can I bring a claim against the Police for negligence?
The short answer is yes, but it depends on the circumstances as there are many protections the Police have against claims in negligence brought by individuals. Police have immunity in a suit for negligence unless it is found that the act or omission was so...
What can directors be liable for?
Anyone over the age of 18 years who has not been disqualified from being a director of an Australian company may be appointed as a director of a company. Being a director involves serious responsibilities which carry potential personal liability. By way of...
What is gratuitous care/services?
Following injury, often an injured person is attended to and cared for by a family member or a friend as the injured person recovers from the injury. The family member or friend is providing the care and assistance for free and is often forging wages and/or incurring...
What are the legal implications of a dog attack?
A person injured from a dog attack may be able to bring a claim for compensation against the owner of the dog following a dog attack. The owner of the dog may also face penalties under the Companion Animals Act 1998. Compensation The effect of section 25 of the...
In what circumstances can a defendant in a historical abuse claim apply for a stay of legal proceedings?
Generally, a defendant in a historical abuse claim can apply for a stay of proceedings on the grounds of unfairness, where the defendants cannot investigate and respond to allegations made against them. This is decided on a case by case basis and the onus is on the...
What is a binding contract?
A contract is a legally binding agreement. Often there can be an issue as to whether there is a valid contract or agreement between two or more parties. For a contract to be valid and enforceable, in simple terms, there are a number of requirements:...
What compensation can you receive under the National Redress Scheme?
The National Redress Scheme provides support to people who have experienced institutional child sexual abuse. The National Redress Scheme is in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. Applications can be made any time...
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