The insurance process

There are many types of insurance in Australia, from motor vehicle insurance, home and contents insurance, through to life, travel, health and business insurance. The concept is simple: millions of people pay premiums to insurance companies, and the insurance companies are supposed to pay back some of that money in the relatively rare situation when […]

Gifts and contract disputes

Disputes about whether something was given as part of a contract or as a gift are not uncommon. These disputes generally hinge on whether a person gave something to someone gratuitously or voluntarily, rather than as part of a bargaining transaction.

Family provision claim

Under the Succession Act 1981 (Qld), an eligible spouse, child or dependant of a deceased person can contest a deceased estate/will for proper maintenance and support by commencing an action in court known as a “family provision claim”.

What does good faith mean?

In recent decades, Australia has seen an increase in the number of disputes involving parties alleging that there has been a breach of an obligation of “good faith” which has resulted in loss or damage. But what exactly does it mean to act in good faith? Australia has not yet committed itself to a definitive […]

What is litigation funding?

Litigation funding, also known as legal finance or third-party litigation funding, can provide money to a party who otherwise lacks funds needed to litigate a claim. It is an important element in facilitating access to the legal system. Although the litigation funding industry is a relatively recent development, it is now a well-established business in […]

What is defective building work?

If a new commercial or residential building has a defect, the owner has statutory and contractual rights to have the defect rectified. The Queensland Building and Construction Act 1991 (Qld) (the Act) and the Rectification of Building Work Policy from the Queensland Building and Construction Commission (QBCC) are key authorities.