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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...

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...

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...

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...

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...

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...

There are various types of business structures, each with their own legal, tax and operational considerations.  These include: 1                    Sole...

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...

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...

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...