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Australia Introduces Statutory Tort for Serious Invasions of Privacy
The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...
Building Disputes – Which Court or Tribunal Deals with Them?
In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims. There are numerous claims prosecuted and defended in...
School Found Liable in Prolonged Assault Case: NSW Supreme Court Expands Duty of Care Beyond School Boundaries
In a significant decision for the rights of students and responsibilities of educational institutions, the NSW Supreme Court has ruled that a school’s duty of care may extend beyond school hours and property boundaries. The judgment comes after a case where T2, a...
When should a business take legal action on an overdue account?
Generally speaking, an overdue account should be acted on promptly. The longer it is left, the greater the likelihood the account will need to be written off. Unless the debtor has a satisfactory reason for delaying payment, the account should be followed...
Court Rules Against Kmart in Personal Injury Appeal
In a recent case, Kmart has been held liable for injuries sustained by a customer in its Woy Woy store, after a mountain bike in a heavy, oversized box fell from another customer's shopping trolley, injuring Ms Rita Marmara. The New South Wales Court of Appeal upheld...
Can a Shareholder claim against a Company?
A shareholder can claim against a company under some circumstances. Shareholders have specific rights and interests in a company, and there are scenarios where they might have grounds to make a claim. Some common situations include: Breach of Shareholder Agreement: If...
Court of Appeal Clarifies GP’s Duty of Care in Varipatis v Almario
In a landmark decision, the New South Wales Court of Appeal upheld the appeal of a general practitioner (GP) who was previously found negligent for not referring a morbidly obese patient for bariatric surgery. The case, Varipatis v Almario [2013] NSWCA 76, provides...
What is the process involved in making a Will?
A Will is an essential document that applies once you have passed away. It sets out your wishes in relation to all sorts of things including who is to control your affairs, who is to receive your net assets, who is to look after any children under 18 years, how...
What types of business structures are there?
There are various types of business structures, each with their own legal, tax and operational considerations. These include: 1 Sole...
Tragic Overlap: Coroner’s Findings Highlight Flaws in Voluntary Assisted Dying Scheme After Man’s Death from Wife’s Medication
A man (ABC ) who took a voluntary assisted dying substance intended for his wife was found dead at home by his adult daughter. ABC was in his 80s at the time of his death. The spouse of ABC was a Voluntary Assisted Dying (VAD) patient. The VAD patient, the wife of...
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