When Musa Konneh launched a class action against his mistaken arrest by police for breach of bail, he opened the door for other disadvantaged young people to do the same, but only if they can be found. Many young people mistakenly arrested by police will be eligible for compensation for false imprisonment, arrest and batteryRead more
NEWS
Who owns assets purchased in a partner’s name has recently been considered Higashida v Sarto (2014) NSWSC 1291 in that case the Plaintiff, Mr Higashida and the Defendant Ms Sarto had been in relationship from about 2010 to the end of 2013. The Plaintiff had separated from his wife but not yet resolved family lawRead more
The case of Lind and SDSS (2014) AATA 680 demonstrates the difficulty an applicant faces when trying to establish the existence of ‘special circumstances’ to obtain relief from a preclusion period preventing access to social welfare benefits. While the policy direction of Part 3.14 of the Social Security Act 1991 (Cth) may be a sensible one, i.e. to prevent double dipping, the legislation goesRead 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
A chef who fell and injured his wrist while rescuing a child stuck on a McDonald’s playground was successful in a personal injury claim for damages in NSW Court of Appeal. The Court found it was reasonably forseeable that a child would climb up the outside of the tunnels of the playground and that aRead more
The Claimant was involved in a motor vehicle accident on 1 December 2012 during the course of a motor car rally in the Coopernook State Forest. The Claimant was a passenger in a vehicle driven by his son which had an unregistered vehicle permit. In accordance with that permit, a third party insurance policy underRead more
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