Our solicitor, Stephanie McClelland, represented a middle-aged male at Mount Druitt Local Court in relation to the following charge: Common Assault pursuant to Section 61 of the Crimes Act 1900. Common Assault Case Details The case involved our client and his partner communicating with their internet provider about returning two modems they recently received from […]
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FAMILY LAW TOPICS FAMILY DISPUTE RESOLUTION & ETHICS FOR FAMILY LAWYERS Dispute resolution in family law Family lawyers and professional ethics PROPERTY ON RELATIONSHIP Property under FLA Property and the rights of third parties Discretion and process in matrimonial property disputes under FLA Kane & Kane MAINTENANCE AND PRIVATE ORDERING Maintenance Private ordering of property
Key Cases for Evidence RELEVANCE Smith – recognition evidence by police asserting person what that in the pics/footage due to previous dealings was irrelevant Evans – dressing accused in clothing worn by person seen by witness gave no assistance to jury in determining if it was the person HEARSAY Graham – fresh in the
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What’s Admissible in Court? NSW Admissibility Flowchart Facing charges or preparing a defence in New South Wales raises the same core question every time. Is this piece of evidence admissible. Below is a practical, NSW focused flow that tracks the Evidence Act 1995 (NSW). It helps you understand the checks a court applies before evidence
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RESCISSION After running an online clothing store for two months, Miranda decided that it wasn’t for her. She sold it to a young woman named Bonnie, telling her that the business typically made $25,000 per week. Since purchasing the store, Bonnie has struggled to make $10,000 each week, despite working more hours than Miranda ever
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Key cases: Nelson v Nelson (1995) 184 CLR 538 Lindsay Petroleum Co v Heard (1874) LR 5 PC 221 Bester v Perpetual Trustee Co Ltd [1970] 3 NSWR 30 Beckford v Wade (1805) 17 Ves 87 Re Howlett [1949] Ch 767 Haas Timber and Trading Co Pty Ltd v Wade (1955) 94 CLR 593 Allcard
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INJUNCTIONS 1 Nature of injunctions 1.1 Definition: An injunction is an order of the court which either prohibits/forbids a person or legal entity from performing an action or requires the person or legal entity to do something. Purpose: To protect the rights of a person or legal entity in situations where the infringement
Key Cases: Declarations Australian Oil Exploration Ltd v Lachberg (1958) 101 CLR 119 Guaranty Trust Co of New York v Hannay & Co [1915] 2 KB 536 Foster v Jododex Aust. Pty Ltd (1972) 127 CLR 421 Liverpool & London & Globe Insurance Co Ltd v J W Deaves Pty Ltd [1971] 2 NSWLR
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Elements Plaintiff has a cause of action in contract – namely, a breach of contract; Defendent’s breach of contract has in fact injured or caused a loss to the plaintiff – causation; The loss suffered by P is not too remote; and P has not breached his or her ‘duty’ to mitigate unnecessary loss The
Contract Damages NSW – Causation and Remoteness Read More »
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