What is Bankruptcy? Bankruptcy is the legal process of declaring that you cannot pay your debts. It can relieve you from an obligation to pay some or most of your …
Standard Form Contracts and their Dangers: Companies and Clients Beware
A recent Federal Court decision has reignited issues surrounding standard form contracts. As a result of the judgment, companies drafting those agreements and clients signing them for the services in …
Are you Subject to Workplace Bullying?
Workplace bullying has many forms. Some are subtle. Sometimes it involves positive actions, sometimes it doesn’t. Generally, bullying occurs when one or more co-workers put another employee into difficult situations. …
De Simoni Principle in Criminal Sentencing
The principle In De Simoni[i], Gibbs CJ held, at [389], that: “[A] judge, in imposing sentence, is entitled to consider all the conduct of the accused, including that which would …
Time Limitation on Claims for Economic Loss
This article will focus on the time limitation on claims for economic loss pursuant to section 106 of the Strata Schemes Management Act 2015 (NSW) as in Tezel v The …
Does the Court consider the children’s wishes when making orders?
From a broader perspective, the Family Law Act does provide the Court with the ability to consider the children’s wishes. However, the Court is by no means bound to rely …
Do I need to make a will?
I’m only in my forties, young and healthy. Do I need to make a will? Answer is YES. Though we have every reason to believe you will enjoy your life …
Case Summary: Merl v Merl [2022] NSWSC 434
Facts of Merl v Merl: This dispute concerns a claim for possession of a property (“the Property”) co-owned by the plaintiff and her husband as joint tenants. Their daughter brought …
Don’t Wait Too Long! The Importance of Limitation Periods
A recent case in the United States has highlighted the importance of considering limitation periods (or, statute bars) before bringing an action to the Courts or Tribunals. Spencer Elden, statute …
Is the sole trader option best for your business?
To operate a business, there are several commonly available entities. They are sole trader (or, sole proprietor), partnership, company, and trust. To choose which structure for your business will depend …