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In a recent Supreme Court Decision of Huang v Ceylan [2018] NSWSC 306, the Court considered the Vendor’s obligation under Section 52A(2) of the Conveyancing Act and the Statutory Warranties that require disclosure of various relevant “matters”. In that case the Court considered the warranties set out in Schedule 3 Part 1 of the ConveyancingRead more

Defamation claims have recently dominated the headlines in Australia with actress and comedian Rebel Wilson being awarded more than $4.5 million dollars in damages following the publication of defamatory magazine articles. Although defamation claims are readily associated with actions against the media by the rich and famous in reality most defamation claims are commenced inRead more

In March 2015 the Federal Circuit Court set aside two Agreements that had been entered into by Ms Thorne and Mr Kennedy both before and after their marriage. Mr Kennedy was a 67 year old Property Developer with assets of somewhere between $18 to $24 million dollars. He met Ms Thorne on an internet website.Read more

What is full and frank disclosure in Property Matters? Full and frank disclosure by both parties to a family law dispute is a legal requirement governed by Reg 13.04 of the Family Law Rules 2004 and Reg 24.03 of the Federal Circuit Court Rules 2001. These rules ensure that both parties are fully aware ofRead more

Outsourcing is a major feature of today’s labour market and many companies and businesses hire independent contractors with the intention of avoiding a whole raft of employment obligations including annual leave, long service leave, sick leave and statutory payments such as workers compensation, superannuation and payroll tax. But just because an employer has outsourced itsRead more

On 12 November 2016, the existing unfair contract term protections for consumers have been extended to cover standard form contracts for small businesses.  A summary can be found on the ACCC website on by clicking this link.  Whether a term is fair or not is considered in context of the contract as a whole.  It couldRead more

The Home Building Act includes a requirement that a Builder comply with Statutory Warranties. The Statutory Warranty Scheme has been changed to now introduce the concept of “a Major defect” to replace the previous definition of “Structural defect”. Major defects are covered by the six year Statutory Warranty with all other defects covered by aRead more

Very interesting statistics from the Sydney Morning Herald today – article below. This change was introduced by the current NSW Liberal Government and has had severe implications for injured workers. http://www.smh.com.au/nsw/thousands-lose-workers-compensation-benefits-with-new-scheme-report-20150305-13vmho.htmlRead more

Have you recently been dismissed from your employment after providing 5 years or more of service? Have you been with your current employer for more than 5 years? You may have certain entitlements to long service leave payments. There is a common misconception that Long Service Leave entitlements only become payable if you have beenRead more

The link below is to an interesting article on a Family Provision Claim in Perth recently: http://www.perthnow.com.au/news/opinion/tom-percy-courts-decision-to-award-25-million-payout-to-olivia-mead-is-unsurprising-given-colossal-1bn-estate/story-fnhocuug-1227242851770 Read more