News

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...

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 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...

In a significant legal precedent, the New South Wales Supreme Court addressed the applicability of blameless accident provisions in motor accident compensation cases, specifically concerning single-vehicle accidents. The case of Melenewycz v Whitfield [2015] NSWSC...

In the realm of personal injury law, a frequently asked question revolves around the availability of exemplary damages for trespass to the person. This query delves into the nuances of Section 21 of the Civil Liability Act (CLA) and its implications for individuals...

In the realm of legal disputes, the principle that plaintiffs have a duty to mitigate their losses holds paramount importance. The fundamental premise is clear: if a plaintiff's inaction or unreasonable action leads to avoidable loss, the compensation awarded may be...

Our office will close on Thursday, 21 December 2023 at 5 pm. We will re-open on Monday, 15 January 2024 at 8 am. During the holiday period please email reception@mcauleylawyers.com.au.

When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...

Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...

The plaintiff, by their next friend sued the Child and Adolescent Health Services in relation to injuries suffered while a patient at Princess Margaret Hospital in 2005. The plaintiff, only a mere 16 months at the time, was being treated for superficial and partial...