There is currently a case before the Supreme Court of New South Wales that could have significant ramifications for media outlets and basically any entity who is involved in using social media platforms to disseminate content to the public, including marketing firms. The case involves the Plaintiff, Mr Dylan Voller, bringing defamation proceedings against three […]
The Federal Court of Australia has recently handed down its decision in a case where a former gambling addict commenced proceedings against Melbourne’s Crown Casino and poker machine manufacturer Aristocrat, claiming that the poker machine “Dolphin Treasure” was in breach of section 18 of the Australian Consumer Law which prevents conduct that is misleading or […]
When you file an application to set aside a statutory demand, section 459G of the Corporations Act says that the application (or originating process) together with an affidavit in support must be filed and served on the person who issued the demand within 21 days of receipt of the statutory demand. In Imagebuild Group Pty […]
Parties will often be told that one of the key benefits of mediation is that the negotiations that they have are confidential and that the outcome they reach can be kept confidential. There is no doubt that confidentiality is very important incentive for parties to mediate and for the free flow of creative discussion and […]
In an interesting decision of the Supreme Court delivered on 7 March 2017, Justice Hammerschlag found that delivery of a USB stick containing an adjudication application on a respondent was not enough to meet the service requirements in the Building and Construction Security of Payments Act (SOPA). Section 17(3)(a) of the SOPA requires that an […]
In the digital age, the ease of recording someone or some act or thing has never been easier. In the workplace setting, many employers monitor and record the actions of employees, to check for any breaches of company policy and procedure, to ensure that appropriate standards of behaviour are being met and that company property, […]
Social media sites are becoming more and more part of our everyday lives and society, including our legal system, as a recent New South Wales Supreme Court decision shows. The case of Wakim v Criniti [2016] NSWSC 1723 demonstrates that in cases where a plaintiff is unable to physically locate a defendant for the service […]
The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) has been very active in Newcastle recently. The public hearing into the Anglican Church in Newcastle is continuing and a public hearing relating to individuals involved in the Catholic Church in the Newcastle region commences in a few weeks. If you have received […]
Many contracts include a clause providing a mechanism for dispute resolution. Generally, these clauses provide for a staged progression of a dispute. For instance, the stages might be: Written notification of a dispute; A requirement for the representatives to meet or confer within a short period of time after the issue of a notice of […]
During 2015, the terms “Structural Defects” and “Non-Structural Defects” were removed from the statutory warranty provisions of the Home Building Act 1989. These terms were replaced by “Major Defects” and “Other Defects”. This change was to more than just the terminology. The definition of Major Defect is more restrictive than the previous “structural defects” which […]
