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Partnership Disputes – Causes and Resolution
Partnerships are a common business structure. Frequently we see disputes where one or more partners wishes to leave the partnership, and financial and other disputes relating to a partnership. Understanding the causes of these disputes and how they can be...
What Types of Claims can be made on a Deceased Estate?
A deceased estate has a range of potential claims that can be made against it. These arise not only from the actions of the deceased but also from legislation that deals with how deceased estates are administered and distributed. Some examples of potential...
Fundamentals of Companies – Getting the Basics Right
A company is a separate legal entity, being an artificial person that only ceases to exist via the hands of its members or via government intervention. A company’s personality is expressed in its constitution and enables the members of the company to combine...
Loss of chance
In the landmark decision of Tabet v Gett [2010] 240 CLR 537, the High Court of Australia provided crucial insights into the principles of causation in negligence claims. This case is pivotal for understanding how courts assess the direct link between alleged...
Webinar – How to Reduce the Risk of a Claim on Your Estate
Join us for an informative seminar on "How to Reduce the Risk of a Claim on Your Estate" via Zoom on Thursday, 5 September at 8 pm. This one-hour complimentary session, including a Q&A segment, will provide valuable insights and practical strategies to safeguard...
Section 71 Does Not Preclude Damages for Psychiatric Injury Arising from Childbirth
In the landmark decision of Dhupar v Lee [2022] NSWCA 15, the New South Wales Court of Appeal clarified that damages can be awarded for economic loss resulting from a psychiatric injury suffered by a mother due to childbirth. This decision underscores the distinction...
New Industrial Manslaughter laws in NSW
The Industrial Manslaughter Bill has passed NSW Parliament and will make industrial manslaugther an offence. According to the NSW government, since 2019 more than 300 workers have been killed in NSW. Under the new law, a business or individual can be held...
8 Types of People that can Claim on a Deceased Estate
In New South Wales, there are many different types of people that can potentially claim on a deceased estate if, for instance, inadequate or no provision has been made for them or they are owed money by the estate (or they were owed money by the deceased). ...
What is the difference between Joint Tenancy and Tenants in Common?
A very important difference in ownership of property where there are two or more owners is Joint Tenancy v Tenants in Common. It is essential to understand the difference when and if you buy property with another person. If you own a property as Joint Tenants and one...
Section 23 of the Civil Liability Act: Facilitating Structured Settlements
In the realm of civil litigation concerning personal injury damages, Section 23 of the Civil Liability Act plays a crucial role in ensuring transparency and opportunity for negotiation in the process of awarding damages, particularly for future losses exceeding...
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