Coward Punch Laws
The NSW government has introduced into parliament new laws in response to lethal punches which have taken place in Sydney’s CBD and King’s Cross areas, in an attempt to curb drug and alcohol fuelled violence….
News
Legal Professional Privilege When communications with your lawyer lose the protection of privilege
When obtaining legal advice from your lawyer, the general rule is that communications between a client and their lawyer are the subject of legal professional privilege (Privilege) and are protected from any obligation of disclosure….
Spousal Maintenance
It is fairly common in relationships for a party to be the primary breadwinner and be responsible for providing financial support to the other party and/or to the children. In extreme cases the financially dependent…
Oaths Act and Oaths Regulation 2011
The law has recently changed requiring witnesses to certify the identity of a person who swears or affirms an affidavit. The Court forms for affidavits have also changed. The changes came into effect on 30…
Are pre-contractual dealings relevant in determining what constitutes the Contract?
If you spend days, weeks or months negotiating a deal, and the deal is subsequently reduced to writing and signed, are the negotiations which took place prior to the agreement being signed relevant in determining…
Challenging a Will: What are your rights?
When someone close to you dies, the last thing on your mind is usually what you stand to gain from the person’s will. But if you have been left out of the will or the…
Commercial Litigation
TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC INTRODUCTION The House of Lords decision in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] 4 All ER 159 (the Transfield decision) is significant for two…
Reducing The Minimum Bankruptcy Period
By Steve McAuley – Australian Insolvency Journal – April > June 2010 The one size fits all approach of the current legislative regime which only enables a bankrupt to be discharged three years from when…
Ship Charter Ruling Makes Waves
The late return of a charter ship to its UK owner has caused a major upheaval in the way breach of contract losses are assessed in Australia and other parts of the world. Recovering losses…
Contracts May Not Be That Binding
In difficult economic times, many individuals and companies want to get out of contracts they have signed – particularly contracts that run for months and years. But how do you get out of a contract…