A comprehensive guide to Defamation Law in Australia and how it works.
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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’ that has resulted in loss or damage.
Learn what the most common dispute issues are and what to do about them. Including Property Conditions, time limits and breaking of lease.
A comprehensive guide of rule 222 of the UCPR for practitioners and self-represented litigants. We discuss when a rule 222 request applies, when it doesn’t apply and we also ask and answer a range of frequently asked questions.
The legal test for whether a written agreement is legally binding in Australia, as set out in the High Court case of Masters v Cameron.
Both are distinct legal instruments, and their incorrect use may have adverse consequences for certain transactions.
House v The King (1936) details the court’s ability to interfere with the exercise of discretion and has listed five errors that would cause the Court to intervene with the sentence.
In this case, the implications of delays in amending pleadings for those involved in litigation are laid bare.
The case of General Steel Industries Inc v Commissioner for Railways (NSW) (1964) reinforces the legal principle that a case may be dismissed summarily if it is manifestly groundless.
The case of Fox v Perry (2003) says that where a Judge relied on the credibility of the witness, you may be entitled to challenge trial conclusion based on such evidence.
In the case of Oshlack vs Richmond River Council, the court considered whether litigation that is in the public interest should change the rule that costs follow the event. Learn more.
Going through redundancy can be a difficult time for any person. Learn what your rights and responsibilities are.
Liquidated damages clauses can be found in pretty much any commercial contract that you come across and must be paid by one party to the other in the event of breach.
An injured party may be able to pursue a claim against third parties who have knowingly received property acquired through a breach of trust or fiduciary duty.
The legal responsibilities and duties of Directors in Australia. Including the consequences of breaching Director’s Duties, corporate governance and legal sources.
What’s involved in the relationship between agent and principal? Learn about your legal rights and the obligations.
Franchise disputes often arise but rarely end up in court. It is typically the franchisee that decides not to fight because they feel dependent on the franchisor.
Minority shareholders in Australia have rights and protections under Australian Law. Learn how the laws can protect minority interests.
The events, limitations and effects which can lead to a contract being discharged or declared invalid. Learn more about Frustration of Contracts
The doctrine of unconscionable conduct applies when a party to a transaction is under a special disadvantage and another party knew and took advantage of this special disadvantage.
The High Court of Australia recognised Breach of Confidence as an equitable cause of action in 1984. Equitable causes of action exist to prevent extreme unfairness.
Contractual provisions designed to protect the parties to a contract as the result of an unforeseeable or unavoidable event.
Negligence occurs when a person causes damage to another person through either an act, or a failure to act. Learn the elements of Negligence.
Your signature is your official stamp and you should be careful with it. Learn what to look for when signing a legal document.
When a person engages in, threatens to engage in, or organises any conduct that has an adverse effect on another party. Under the Fair Work Act, adverse action can be done by…
Learn how the anti-discrimination laws of Queensland provide a framework for victims of discrimination.
Learn what an injunction is and how it can be applied to your legal matter.
What protections are offered by the wording “without prejudice”? Learn how “without prejudice” can affect your legal communications.
When do you have a contractual right to terminate a contract? Learn to identify when repudiation occurs and how it can affect your contracts.
A guide to the process of contesting the rules and regulations made by governments and agencies.
Assets are frozen and notice is barely given. Find out what a Freezing Order can do during a Dispute.
The 7 elements of a contract that you need to know for dealing with a contract dispute.
What can you do when no defence was filed and a Default Judgement has been awarded against you?
Should you settle your legal case prior to commencing court proceedings? Discover what’s involved in a Pre-Litigation Settlement Offer.
Can an old, English Court of Appeal case still hold sway over rulings made in Australian legal proceedings?
Strict time limits apply to when civil actions can be commenced in Queensland. When does the clock start?
Here’s a simple guide for when to use the term Lawyer, Solicitor, Barrister or Attorney.
What happens when one party attempts to avoid service in order to frustrate proceedings?