News
Failure to Warn: When Does It Become Medical Negligence?
Medical practitioners have a responsibility to exercise reasonable care and skill when providing professional advice and treatment. Central to this duty is the obligation to warn patients of any material risks associated with the proposed treatment. A material risk is...
What Happens After a Hit and Run Accident in NSW?
A hit and run accident can be traumatic and confusing, especially when the at-fault driver flees the scene and cannot be identified. Many victims assume they have no way to recover compensation. In New South Wales, that is not correct – the CTP scheme provides a clear...
Understanding the Difference Between Probate and Letters of Administration
When a person passes away, their estate must be administered and distributed to those entitled to receive it. Before this can occur, legal authority is usually required to manage the estate. Depending on whether the deceased left a valid Will, this authority is...
Options for Small Businesses Facing Prosecution Under Recent Tobacco Law Changes (NSW)
Recent amendments to tobacco and vaping legislation in New South Wales have expanded offences, increased penalties, and strengthened compliance powers for inspectors. Small businesses facing prosecution should consider the following options promptly. Immediate...
Consequences of Breaching an Agreement
A breach of agreement occurs when one party fails to perform their obligations under a legally binding contract. The consequences of such a breach can be significant and may expose the defaulting party to various legal and financial liabilities. The primary remedy for...
NSW Police Officer Wins Psychiatric Injury Claim: Court Finds Systemic Failure in Support for High-Risk Duties
In a significant victory for frontline police officers grappling with the psychological toll of their work, the New South Wales District Court has ruled that the State breached its duty of care to a detective by failing to provide promised mental health support during...
Court Reaffirms Commitment to Existing Law in Mendez v Diocese of Parramatta
In Mendez v Trustees of the Roman Catholic Church for the Diocese of Parramatta [2025] NSWSC 912, the Supreme Court of New South Wales has reaffirmed the principle that courts must determine cases based on the law as it currently stands, even in the face of...
High Court Decision in Bird v DP Reshapes Institutional Abuse Law in Australia
The High Court of Australia’s ruling in Bird v DP [2024] HCA 41, delivered on 13 November 2024, has sent shockwaves through the legal landscape, redefining the boundaries of institutional accountability in historical abuse cases. This landmark decision, culminating a...
Abolition of the Limitation Period for Sexual Abuse Claims: Implications for Religious Schools and Institutions in New South Wales
Introduction Legislative changes in New South Wales have significantly altered the legal landscape for religious schools and institutions facing historical sexual abuse claims. The abolition of the three-year limitation period for civil actions relating to child...
Defending a Family Provision Claim: The Executor’s Position in New South Wales
In New South Wales, executors are often placed in the position of defending family provision claims brought under the Succession Act 2006 (NSW). These claims arise when an eligible person alleges that the deceased’s will, or the distribution of the estate on...
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