Commercial Leases v Residential Leases

In New South Wales, the Court may make an order imposing an easement over land if the easement is reasonably necessary for the effective use or development of other land that will have the benefit of the easement. Section 88K of the Conveyancing Act...

In a recent legal proceeding before the Supreme Court of New South Wales, the Court granted leave for Yangpu Huigu Pharmaceutical Corporation Limited (the plaintiff) to enforce a Chinese judgment against Gaogeng He (the defendant). This case provides valuable insights...

In a recent ruling, the New South Wales Court of Appeal has upheld the liability of property owner James Gause, finding him negligent in the tragic death of Bradley Heafey, who died in a house fire on 8 April 2019. The case centers on Gause’s failure to ensure the...

When a property purchase contract is exchanged, as a general rule the risk of damage to the property typically passes to the purchaser. This means that if the property is damaged after the exchange of contracts but before settlement, the purchaser is generally...

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...

In New South Wales, there are different forums to have building disputes and claims addressed. The NSW Civil and Administrative Tribunal handles building disputes particularly residential building work claims.  There are numerous claims prosecuted and defended in...

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...