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The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NS...
Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...
Litigation involving deceased estates can take many forms – applications for provision, notional estate orders, challenges to grants based on undue influence or lack of testamentary capacity, and so on. A common element across each of those disputes...
Small businesses that enter standard form contracts on or after 12 November 2016 will be protected by a new unfair contract regime. With roughly 70% of all road freight operators having only one employee (and one truck) in their fleet, and therefore ...
Excerpt: Part 5.3A of the Corporations Act 2001 (Cth) (the Act), titled ‘Administration of a company’s affairs with a view to executing a deed of company arrangement’, codifies an extensive regime of rules and protocols which govern...
The collapse of Storm Financial Limited (Storm), a financial advice company based in Townsville, in the wake of the 2008 Global Financial Crisis garnered significant media attention and led to an inquiry and report by a Parliamentary...
McCabes regularly receives correspondence from recipients of subpoenas to produce asserting that they do not intend to comply with the terms of a subpoena issued to them on the basis that insufficient conduct money has been provided. Given t...
A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...
Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date. In this article we consider a problem that can arise after your death – that is, who ...