Contract law falls within civil law legislation and is subject to civil proceedings. Civil law proceedings comprise areas of law such as Family law, wills, contracts law, etc. Civil law involves people against people and looks to provide a remedy for individuals so they can enforce private rights against other individuals. Criminal law on the …
A dispute over the common fence with your neighbour can trouble you every single day. We have been instructed to assist our client resolve a dispute in relation to the shared hedge and fence amicably. We are instructed that the hedge has been growing for many decades and our client has been unable to determine …
In the Australian legal system, burdens and standards of proof play a critical role in determining the outcome of a case. Burden of proof refers to the obligation of a party to prove a disputed fact or issue in court, while standard of proof refers to the degree of certainty required to establish that fact …
Burden and Standards of Proof in the Australian Legal system. Read More »
The simple answer is, it depends! Fraud can be considered both a criminal offense and a civil tort in New South Wales and Australia more broadly. In a criminal fraud case, the state’s attorney is responsible for prosecuting the case, aiming to hold the accused accountable. On the other hand, in a civil fraud case …
Civil and Criminal law deals with a multitude of matters but are categorised as different types of disputes in NSW and Australia. The differences between civil and criminal law involve elements such as the types of cases, parties involved, purposes and outcomes, standard and burden of proof and court processes. These differences shape both civil …
Transfer of property from trustee to beneficiary and asset protection Depending on your personal circumstances, having an asset protection strategy in place that involves a family trust, fixed trust or unit trust can be pivotal in protecting your investment properties and estate, as well as potentially access a transfer duty exemption or concession when transferring …
Section 73 of the Civil Procedure Act: enforcing settlement Read More »
The legal system can be incredibly complex and confusing. Most of the general public understand the legal system to only involve the criminal law and criminal cases. However, the Australian legal system encompasses much more than just criminal cases such as murder, theft, and violence. The civil law system, which runs parallel to the criminal …
Teachers, health and construction workers have unsuccessfully challenged the Health Minister A group of workers made up of teachers, health and construction workers have unsuccessfully challenged the Health Minister, Brad Hazzard’s vaccine mandate, in the Supreme Court of New South Wales. The public health orders require teachers, aged care workers and health care workers to …
Viva resistance – Unsuccessfully challenged the Health Minister Read More »
Privacy vs pandemic Privacy vs pandemicMass vaccination appears to be our ticket out of lockdowns. However, concern is being raised by individuals and industry around the rights of employers to force employees to be vaccinated and the right of an employee to privacy. There is currently no specific law requiring a person to be vaccinated. …
Marching up and down the square! The infiltration and advancement of the Delta variant through New South Wales has placed immense pressure on our Health and Police departments. This pressure has now reached boiling point and the Government has requested the assistance of the Australian Defence Force. While the ADF has a strong history of …
Can the Government use the army for COVID Operations? Read More »
Indigenous Acknowledgement
We acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
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