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7 Ways to Enforce a Judgment
After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...
Navigating Compensation Claims: Understanding the Interplay Between the Compensation to Relatives Act and the Civil Liability Act
When it comes to navigating compensation claims, understanding the intricate interplay between different statutes is crucial. In certain circumstances, claims under the Compensation to the Relatives Act are subject to the provisions of the Civil Liability Act (CLA)....
Who Can Bring a Compensation to Relatives Claim?
In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...
10 Myths of Being Sued
If you or your business are sued, there are many myths about how the legal process will pan out. Here are 10 myths about the legal process – all are incorrect. Myth #1: The matter will definitely go to a hearing Most matters settle before a Judge decides...
High-Stakes Rodeo Legal Showdown: Landmark Decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Reshapes Risk Assessment in Extreme Sports
In a precedent-setting ruling, the High Court of Australia delivered a significant decision in the case of Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11, reshaping the landscape of liability in recreational activities. The case...
Landmark Decision Upheld: Wollongong City Council v Williams [2021] NSWCA 140
In a significant ruling, the New South Wales Court of Appeal has upheld the decision in the case of Wollongong City Council v Williams [2021] NSWCA 140, marking a pivotal moment in occupiers liability law. The case centred around a trip and fall incident in a council...
How can my business sue someone to recover money?
Lawyers are often asked about the process of recovering money owed as a result of, for instance, a failure to pay for goods or services or a breach of contract. Normally a business (or an individual) will issue a letter of demand as a precursor to suing someone to...
Business Structures: What Structure gives your business the best protection?
There are a range of business structures from sole trader, company, partnership and trust. The question that lawyers are often asked is what business structure is the best to go with and what gives you the best protection? There are a range of considerations...
Administrative Law: Non-Compliance and Breach Notices in the Childcare Sector
The NSW Department of Education is becoming increasingly vigorous in issuing breach notices, compliance directions, prohibition notices and suspension notices to NSW early childhood providers. In the 2017 financial year there were only 3,797 breaches of theChildren...
Can a Will be done electronically – not on paper?
Can a Will be valid if it is found on a computer (i.e. not signed with pen and in a hard copy form)? The Supreme Court of South Australia recently examined the validity of an electronic Will created on an iPad and signed using an iPad pen. The decision of In the...
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