29 Oct 2024
Was the binding financial agreement unfair? Did the court set it aside? Which case won?
A binding financial agreement (also commonly known as a prenuptial agreement or
15 Oct 2024
“If I’d had a safe system of work, I wouldn’t be injured.” Which case won?
A case in 2019 examined the question of whether a race club had provided one of its casual
01 Oct 2024
“I endured regular abuse at my hospital job and I want compensation for PTSD” – which case won?
A case in 2023 concerned a woman who worked as a nurse and made a claim for compensation
16 Sep 2024
Would dad still have to pay child support to mum after his son moved in with him full-time? Which case won?
A case in the Family Court involved a binding child support agreement.
A couple first
05 Sep 2024
“My partner left his binding death benefit to me, but the superannuation trustee won’t hand it over” – which case won?
A recent dispute in the Supreme Court of NSW involved a binding death benefit nomination
19 Aug 2024
The bankrupt, the trustee and the superannuation fund – which case won?
A man was declared bankrupt and a trustee in bankruptcy was appointed to his estate in
07 Aug 2024
“Mum was heavily drugged when she changed her will and disinherited me.” Which case won?
In January 2020, at the age of 92, a woman was hospitalised with a life-threatening leg
24 Jul 2024
“We were in a de facto relationship and our financial agreement should be enforced.” Which case won?
A man and woman met in late 2011 at a massage parlour, where the woman worked. The man was
09 Jul 2024
“It was predatory lending because they knew I had no way of repaying the loan.” Which case won?
A case in the High Court in 2022 revolved around whether or not a complex loan arrangement
24 Jun 2024
Could an ex-husband claim a share in his ex-wife’s lottery win? Which case won?
A couple had been married for 20 years at the time of separation in July 2008. They had
11 Jun 2024
Did “Duff Beer” contravene the advertising code for alcoholic beverages? Which case (of beer) won?
A case in 2014 concerned the advertising code for alcoholic beverages. That year,
28 May 2024
Brother sues sister who pocketed 100% of their dad’s superannuation fund – which case won?
A case heard in the NSW Supreme Court concerned a battle between two siblings over a
13 May 2024
Did the hospital owe a duty of care to the friend of a mentally ill patient? Which case won?
A Victorian man had a long history of chronic paranoid schizophrenia and was being treated
29 Apr 2024
Were they in a de facto relationship at the time of the IVF conception? Which case won?
A case heard in the Family Court centred on a dispute between two women who were in a
15 Apr 2024
When does an email exchange turn into a binding contract? Which case won?
A case heard in the Court of Appeal of the Supreme Court of Western Australia concerned a
03 Apr 2024
Transfer of property from father and stepmother to son ends in court – which case won?
In 1998, an elderly married couple purchased a 255-acre rural property in northern NSW. By
11 Mar 2024
Would the Court of Appeal increase a dangerous driver’s jail term? Which case won?
A case heard in the NSW Court of Criminal Appeal in 2016 concerned a dangerous driver.
On
26 Feb 2024
Who is liable when art forgery is uncovered – the auction house, the seller, or the buyer’s agent? Which case won?
An art investor engaged an art expert to act as her agent. The agent’s role was to
12 Feb 2024
Tax office claims fraud after company transfers land following large tax assessment – which case won?
Following a tax assessment, the corporate trustee of a family trust was found to owe $7
30 Jan 2024
Could an employment restraint stop a former employee from setting up a competing business? Which case won?
A case heard in the Supreme Court of NSW in 2017 concerned an employment restraint in a
15 Jan 2024
Was the man who made a bank withdrawal of $2 million he didn’t have guilty of a crime? Which case won?
A case heard in 2015 concerned a series of bank withdrawals made possible by a human error
12 Dec 2023
“Our right of carriageway is on the plan, they’ve got no right to block it” – which case won?
A right of carriageway is a form of easement which gives someone the right to access their
24 Nov 2023
The electricity company, the farmer, the truck driver and the power line – which case won?
A farm owner retained a truck driver to collect sheep in Queensland and drive them to a
14 Nov 2023
Man cuts off neighbour’s finger with hedge clippers – was he guilty of recklessly inflicting grievous bodily harm? Which case won?
On a balmy afternoon on new year’s eve, in one of Sydney’s most exclusive suburbs,
31 Oct 2023
“He’s a violent man and I don’t want him to know my home address.” Which case won?
A woman died in July 2022, aged 95 years. She left behind three sons and a will which
20 Oct 2023
Fencing manufacturer sues rival for infringing its registered design – Which case won?
A case heard in the Federal Court in 2013 concerned a registered design belonging to a
06 Oct 2023
Can spilling hot tea on a plane cause a spinal injury? Which case won?
A case heard in the NSW Supreme Court in 2015 concerned a Sydney woman who suffered a
22 Sep 2023
Is it attempted murder if the victim is already dead? Which case won?
In 2015, a very unusual murder trial was heard in the Victorian Supreme Court. The events
05 Sep 2023
“The council should have told me about the stormwater pipe that floods my property before I bought it.” Which case won?
A Sydney property was bought in 1989. The buyer was unaware of a stormwater pipe that ran
25 Aug 2023
Was it misleading and deceptive conduct, or simply ambush marketing? Which case won?
Ambush marketing is the practice by which a company attempts to associate its products or
11 Aug 2023
“But if my stepfather remarries, he could cut me out of his will.” Which case won?
A case heard in the NSW Supreme Court of Appeal concerned a 43 year old electrician who
26 Jul 2023
“The house I was buying suffered extensive fire damage, so I’m entitled to rescind the contract.” Which case won?
On 11 July 2003, a buyer of property and its sellers entered into a contract for sale of
10 Jul 2023
“My father can’t leave me out of his will just because we were estranged.” Which case won?
In October 2019, an 86-year-old man died, leaving behind three children and an estate
28 Jun 2023
“I’m not happy with a third of the estate, I want a bigger share.” Which case won?
A woman died in 2016 at the age of 73. In 1958, at the age of 15, she had had an arranged
09 Jun 2023
“Our business was forced to close to make way for the highway, so we deserve compensation.” Which case won?
In 2016, Roads and Maritime Services of New South Wales compulsorily acquired a block of
02 Jun 2023
Should a property buyer get a discount because the seller left too much rubbish behind? Which case won?
A property in North Bondi was sold at auction on 21 November 2013 for $4,400,000.00.
14 May 2023
“I lost my money in a cryptocurrency scam. My financial firm should have warned me.” Which case won?
During the 2021-2022 financial year, a cryptocurrency trader had a trading account with a
26 Apr 2023
“I’m not an anti vaxxer, I’m just wary of the Covid vaccine for children.” Which case won?
In early 2022, X was a ten-year-old child whose parents were no longer together.
Under
12 Apr 2023
“My sister already received her inheritance, so she can’t claim any more of the estate.” Which case won?
A husband and his wife had four children. Conveniently, they also owned four properties.
26 Mar 2023
Athlete acquires brain injury in collision with racing wheelchair – which case won?
An athlete had participated in multiple triathlon events leading up to a triathlon in
11 Mar 2023
The legal wife, the de facto wife and the deceased estate – which case won?
In 1938, a 24-year-old NSW man got married. His wife was 16 years old at the time. Soon
28 Feb 2023
Was the principal contractor liable after a carpenter fell from scaffolding on a construction site? Which case won?
On 31 May 2021, a carpenter began working on a construction site in northern NSW, not far
11 Feb 2023
“Our father only disinherited us because of undue influence by his attorney.” Which case won?
A man died on 24 November 2008 at the age of 93.
Prior to his death he had owned a farm in
16 Jan 2023
Sex worker claims unfair dismissal by brothel – but was she an employee? Which case won?
A sex worker commenced working at a Melbourne brothel in August 2019. Her work arrangement
12 Dec 2022
“She was his carer, not his de facto. That’s why she’s not in the will.” Which case won?
An elderly man met a younger woman in 1998. The circumstances of that meeting were in
29 Nov 2022
Is a subcontractor responsible for a safety breach on a construction site? Which case won?
AC was the principal contractor for the construction of fifty-eight townhouses on the
15 Nov 2022
“They’re suing us for the unpaid amount of the deposit, but they sold the property to someone else and made a windfall.” Which case won?
In November 2020, two parties signed a contract for the sale of a residential property in
27 Oct 2022
“Yes, I forged his signature on property documents, but the house was rightfully mine.” Which case won?
A husband and wife met in 1990. Two years later they married and bought a house, property
19 Oct 2022
“The worker claims we bullied him, but it’s just not true.” Which case won?
A warehouse worker was employed by a haircare product seller and distributor, commencing
04 Oct 2022
“We made a deal on a restraint of trade, but they breached it.” Which case won?
Flower wholesaler B traded at the Sydney Flower Market in Flemington for many years up to
19 Sep 2022
Are you bound by a contract which you signed but didn’t read properly? Which case won?
An Australian pharmaceutical company purchased a shipment of influenza vaccines from the
06 Sep 2022
“I became a quadriplegic while wakeskating because the boat driver was negligent.” Which case won?
On the 18th of November 2007, a man who intended to go wakeskating met a boat driver at a
23 Aug 2022
“I was in a secret relationship with the deceased and should inherit under his will.” Which case won?
G died on 13 August 2013 from a heart attack at the age of 65.
He had owned a pharmacy in
10 Aug 2022
“I acted in self defence so I’m not guilty of assault.” Which case won?
A recent case in Sydney revolved around the question of self defence.
In December 2019,
27 Jul 2022
“I gave my daughter money to buy her property, so I should have part ownership.” Which case won?
A case in New South Wales concerned a claim to part ownership of a property.
A woman
13 Jul 2022
“I wouldn’t have injured my back, but for my employer’s negligence.” Which case won?
A man worked as a truck driver from September 2011 until May 2014.
Periodically, he
30 Jun 2022
Proving dependency – can a grandchild contest a will? Which case won?
A woman became a grandmother when her only child, a daughter, gave birth to a girl in
15 Jun 2022
Mother accuses father of financial coercion in proceedings for parenting orders – which case won?
A man and woman married in mid-2002 and subsequently had two children, one in 2002 and the
01 Jun 2022
“My husband committed suicide due to a work-related injury, so his employer should pay out the death benefit.” Which case won?
In October 2011, a man sustained injuries to his knees after bending and twisting to
18 May 2022
Did the employer have vicarious liability for the negligence of one of its bicycle couriers? Which case won?
On 22 December 1994 as he was leaving a building in Sydney, a man stepped onto the
02 May 2022
“Four years after we separated, I received a large inheritance. Now my ex-wife wants a cut.” Which case won?
A husband and wife were married on 2 February 2002, separated on 9 April 2010 and got
20 Apr 2022
“The police revoked my gun licence and I want it back.” Which case won?
In 2001, a man was issued with a gun licence on the basis that he had the genuine reasons
06 Apr 2022
Is an inventor necessarily human? Or could it be an artificial intelligence (AI) system as well? Which case won?
An applicant submitted a patent application for a new food container that is easy for
22 Mar 2022
Injured cyclist sues council for negligence after falling from poorly maintained bridge – Which case won?
In April 2008, a cyclist participated in an annual Sydney-to-Queensland charity ride.
09 Mar 2022
Was the pub owner entitled to loss of bargain damages after ending the tenant’s lease for failure to pay rent? Which case won?
In January 2007, a tenant leased a 100-year-old hotel west of the Blue Mountains in New
23 Feb 2022
“I’m a paramedic, not a doctor!” Was a paramedic’s failure to administer adrenaline inconsistent with the exercise of reasonable care? Which case won?
On the evening of 21 July 2002, a 25-year-old chronic asthmatic woman drove to her
08 Feb 2022
“The property vendor made a verbal agreement to accept a 5% deposit. Now they’re suing me for 10%.” Which case won?
The vendor listed a commercial property for sale in South Yarra, Victoria as mortgagee in
25 Jan 2022
“The rules were changed retrospectively to avoid paying me the sales commission I’d earned.” Which case won?
Between May 2005 and November 2013, the employee was employed as a sales representative
15 Dec 2021
“There was insufficient notice of the board meeting, so the new board of directors was elected validly.” Which case won?
Trouble had been brewing for some time at a not-for-profit company.
01 Dec 2021
“The police wrongly revoked my firearms licence and I want it back.” Which case won?
The licensee was the holder of a firearms licence issued under the NSW Firearms
17 Nov 2021
“The vendor registered the wrong plan of subdivision, and now has to return the deposit we paid.” Which case won?
On 12 November 1973, a vendor and purchaser signed a contract for sale of land near
02 Nov 2021
“I suffered injuries in a ski chairlift accident because the resort was negligent.” Which case won?
A ski resort in NSW operated a triple chairlift to take skiers from the lower part
15 Oct 2021
”I suffered a loss because of bad investment advice, so the financial advisor should compensate me.” Which case won?
An investor was a long-term client and personal friend of the director
05 Oct 2021
“I paid the deposit on time and the vendors have to complete the property sale.” Which case won?
On 4 April 2019, a purchaser and vendors exchanged contracts for the sale of a residential
21 Sep 2021
“My mum can’t claim on the estate of my dad, they split up decades ago.” Which case won?
Dr and Ms L met in 1984 when he was practicing as a GP and she was his patient. Shortly
07 Sep 2021
“The Ferris wheel accident was due to the council’s negligence and left me with psychiatric injuries.” Which case won?
Declaration of interest: the author and Stacks Law Firm acted for the plaintiff in this
23 Aug 2021
“I’m the dead man’s next of kin and I’m contesting a forged will.” Which case won?
Prior to World War II, the deceased was on intimate terms with a woman, V. When V married
09 Aug 2021
Was a farmer entitled to a perpetual lease over land he sold to a mining company? Which case won?
In March 2007, a farmer sold his rural property near Gunnedah in NSW to a mining
27 Jul 2021
Should a lawyer be struck off the roll of legal practitioners for misappropriation of funds? Which case won?
In November 2010, a lawyer was hired to complete the sale of a vendor’s property near
12 Jul 2021
“We have a zero tolerance drug and alcohol policy, so we don’t have to pay compensation for the worker’s injuries.” Which case won?
The plaintiff was the maintenance manager of a meat processing plant. He finished work at
29 Jun 2021
“I should get workers comp back pay, starting from the day of my injury.” Which case won?
In September 2000, a worker fell while pushing a wheelbarrow in the course of his
15 Jun 2021
“My mother agreed to us buying a house together, but now she wants her money back.” Which case won?
A mother, daughter and son-in-law lived together in a house they rented in town.
However,
01 Jun 2021
“But mum wanted a public funeral.” – “She absolutely didn’t!” Which case won?
A 93-year-old mother of five died on 2 December 2020.
When her husband died in 2011, his
17 May 2021
“When I bought my brother’s half of the farm, the water rights came with it, so he has to hand them over.” Which case won?
A husband and wife began farming in the 1950s.
Over several decades they purchased four
04 May 2021
“I deserve compensation for my skiing injuries, because the other skier was negligent.” Which case won?
In August 2014, a ski instructor employed at a NSW ski resort collided with another skier
20 Apr 2021
How do you stop a coal mine expansion? Which case won?
In 2006, a company began operating an open cut coal mine in the Upper Hunter, NSW, under a
05 Apr 2021
“The court has to listen to this secret recording, it proves I should get my fair share of the estate!” Which case won?
A recent case in the NSW Supreme Court concerned the estate of a father with three adult
09 Mar 2021
“I was tricked into signing over my half of the family home, so I should be able to appeal the court order.” Which case won?
A husband and wife married in 1988.
They had one child together, a daughter who is now an
23 Feb 2021
Could a developer rescind off-the-plan contracts to cash in on a rising property market? Which case won?
In 2014, the vendor and several purchasers entered into contracts for the sale of
08 Feb 2021
Could a worker claim weekly compensation payments for a psychological injury that left him unable to work? Which case won?
A worker was recruited by an employer following a history of successful employment with
25 Jan 2021
Can a daughter make a family provision claim against the estate of her long-dead father, to be paid for out of the estate of her recently deceased stepmother? Which case won?
The deceased and his first wife had two children.
The deceased’s first wife died in
12 Jan 2021
If a tree branch fell and caused damage to a grave, was the council negligent for not maintaining the tree? Which case won?
In June 2002, a man purchased three adjacent burial plots in a cemetery in suburban
15 Dec 2020
Was the offender guilty of ongoing supply of a prohibited drug? Which case won?
The police established a strike force to investigate the illegal supply of drugs in
01 Dec 2020
Can a vendor terminate a contract for sale of land if the purchaser mistakenly pays the deposit to a cybercriminal? Which case won?
A recent case in the NSW Supreme Court illustrates just how insidious cybercrime can be,
17 Nov 2020
Can the relatives be cut out of a will and everything left to the neighbours instead? Which case won?
In 1996 an elderly aunt made a will, in which she left $100,000 to each of her sisters,
05 Nov 2020
Who is liable for a balcony collapse on a residential property? Which case won?
The accident happened on 15 June 2012. Four people were injured when a balcony collapsed
20 Oct 2020
Was the NDIS required to fund the cost of a sex worker for a woman with severe disabilities? Which case won?
Seventeen years ago, a woman referred to as “W”, who is now in her forties, was
05 Oct 2020
Can a deceased estate be forced to pay for an adult child’s transgender surgery? Which case won?
A 93-year-old man died on 22 March 2017.
In his lifetime, he had survived the Holocaust,
21 Sep 2020
Could the daughter evict her parents, or had she made a contractual promise that they could live in her house for life? Which case won?
A husband and wife acquired a property in 1975.
The husband, a builder, built the family
08 Sep 2020
Developer installs stormwater tank and timber deck instead of grass lawn. Could the purchasers rescind the contract? Which case won?
In June 2017, the purchasers entered into an off-the-plan contract to buy a townhouse from
24 Aug 2020
“But it was my inherited property, not hers.” How will a court split the assets in a divorce? Which case won?
The husband and wife met in 1988 and were married in 1991. They had three children
10 Aug 2020
“Shouldn’t I get a TPD payout if I’m injured and can’t work anymore?” – Which case won?
The complainant was a 61-year-old man who had obtained a higher school certificate
26 Jul 2020
Did the bank have the right to close the escort agency’s business bank accounts? Which case won?
An Australian company ran an escort agency which operated openly and legally. The
14 Jul 2020
Landlords seek early termination of lease due to hardship during Covid-19 pandemic – Which case won?
A husband, his wife and two children lived with the husband’s elderly mother in a house
30 Jun 2020
Can an illegitimate child inherit from his father’s estate? Which case won?
The man’s story is one of Australia’s remarkable rags-to-riches immigrant stories. He
17 Jun 2020
Can a casual employee claim unfair dismissal? Which case won?
On 25 June 2018, an employee commenced employment as a casual sales assistant with a large
01 Jun 2020
Misleading or deceptive conduct, trademark infringement, or just clever business strategy? Which case won?
Upon having a hair treatment at an Israeli hairdressing salon, a Canadian tourist liked
20 May 2020
Could a man abstain from voting because it went against his personal religion of “freedom”? Which case won?
A registered voter failed to attend a polling booth to vote in the 2016 federal election.
05 May 2020
Was it repudiation of contract? Should the property buyer get the deposit back? Which case won?
On 19 January 2018, a buyer and seller exchanged contracts for the sale and purchase of a
21 Apr 2020
“We were in a de facto relationship and I should inherit some of his estate.” Which case won?
On 8 August 2000, a man executed a will naming his younger brother as his executor. The
07 Apr 2020
Did the employer’s negligence cause the sales assistant’s psychiatric injury? Which case won?
On 1 November 2015, the sales assistant was behind the counter at a jewellery shop
24 Mar 2020
Is it casual employment because the worker’s contract says it is? Which case won?
A man was engaged by a labour hire company that supplied labourers for mining companies.
10 Mar 2020
Father’s estate left to charity – but what about the son? Which case won?
A NSW man died in September 2018, leaving an estate of about $2.5 million.
His will left
24 Feb 2020
Were the operators of the leisure park to blame for the child’s quad bike accident? Which case won?
The appellant was an 11-year-old child. Her mother phoned the leisure park to arrange a
11 Feb 2020
Could the buyer terminate the property sale contract due to mental illness? Which case won?
A seller and a buyer entered into a contract for the sale of land near Grafton in NSW in
28 Jan 2020
Does smacking children create an unacceptable risk of harm? Which case won?
The husband and wife had two children, born in 2010 and 2014, before they separated in
13 Jan 2020
Cross border workers compensation claims in NSW and Queensland – which state’s insurer has to pay? Which case won?
The employee was a delivery driver working from his employer’s warehouse in Tweed Heads,
06 Dec 2019
If a worker refuses biometric fingerprint scanning, is it unfair dismissal to sack them? Which case won?
A company introduced a biometric fingerprint scanning system as part of its new site
26 Nov 2019
Was the employee who failed to follow her employer’s instructions to blame for her own injuries? Which case won?
In 1974 a woman secured an office job in a large Australian organisation. Her duties
12 Nov 2019
Was it unfair dismissal to sack an employee for breaching the company’s social media policy? Which case won?
A man had been employed by a company for about fifteen months when he was dismissed for an
29 Oct 2019
Was the email defamatory? Which case won?
The chairperson of the strata committee and the tenant lived in the same strata building.
15 Oct 2019
Is it OK if you’re just a bit late applying to set aside a statutory demand? Which case won?
In late June 2017, a government department (the ‘creditor’) instructed a process
02 Oct 2019
Was the victim of a phishing scam liable for his losses? Which case won?
The case of a man who fell victim to a phishing scam reads as a textbook example of cyber
16 Sep 2019
Should the defendant go to jail for drug supply? Which case won?
In June 2015, a young man was apprehended by police and found to be in possession of a
03 Sep 2019
Was the doctor negligent for failing to identify meningitis symptoms? Which case won?
In early September 2008, a woman, who was then 43, began suffering from neck pain and
20 Aug 2019
Was the police officer’s PTSD a total and permanent disability or was the insurer right to reject her claim? Which case won?
A police officer worked for NSW Police and was involved in a number of traumatic events
06 Aug 2019
Could the property seller issue a Notice to Complete, terminate the contract and keep the 10% deposit? Which case won?
On 23 October 2014, two companies entered into a standard NSW contract for the sale of
19 Jul 2019
Was the hospital to blame for the patient’s infection after surgery? Which case won?
On 7 June 2010, a woman attended a hospital for the repair of an incisional hernia that
01 Jul 2019
Should a permanently injured worker lose payments while waiting for assessment? Which case won?
The initial injury happened in December 2000, when the worker fell while pushing a
24 Jun 2019
Did the man’s nephew deserve a share of his estate? Which case won?
A man emigrated to Australia from Hong Kong in 1941, when he was in his late teens.
He
11 Jun 2019
Was an easement that let one landowner park on a neighbour’s land valid? Which case won?
Two landowners owned neighbouring harbourside properties (Property A and Property B) in
24 May 2019
Was the accused guilty of manslaughter for failing to ring triple-0? Which case won?
The deceased, the accused and another man were all misusers of prescription medications,
14 May 2019
Did husband’s failure to disclose cause a miscarriage of justice? Which case won?
A couple moved in together in 1992 and married in 1997, but ultimately separated and were
29 Apr 2019
Who should inherit the old man’s money? His friend or a charity? Which case won?
In the years prior to his death at the age of 87, a man instructed his solicitor on a
10 Apr 2019
Could a vendor terminate a contract to sell off-the-plan property after the sunset date? Which case won?
The parties entered into a conveyancing transaction for off-the-plan (unregistered)
27 Mar 2019
Could a police officer claim damages for psychiatric injury after attending a fatal accident? Which case won?
A Queensland police officer attended a motor vehicle accident in 2013 involving a car
12 Mar 2019
Should the insurance company have to pay up after a fire in a brothel? Which case won?
On 1 January 2012, there was a fire in a brothel which was run from premises in the
20 Feb 2019
Can threatening someone with religious sanctions be a criminal contempt of court? Which case won?
In January 2016, two companies, one Australian-based and one US-based, entered an
12 Feb 2019
Who gets to pick the child’s school when parents can’t agree? Which case won?
A couple had a child in 2008 and separated in 2010. The parents had distinctly different
30 Jan 2019
Who caused the car accident – the driver, or an unidentified vehicle? Which case won?
A car accident took place in Chatswood, NSW, on a dark and rainy day with poor visibility.
15 Jan 2019
When co-executors go to war, will there be anything left of the estate? Which case won?
In April 2011 a woman died at 60 years of age. She was survived by her two adult children
12 Dec 2018
Can an unsent text message be a valid will? Which case won?
A Queensland man took his own life, leaving behind his wife and several family members.
22 Nov 2018
Could a land owner terminate his option agreement with a developer because of delay by the developer? Which case won?
A land owner owned a large block of land in West Pennant Hills, in Sydney’s north west.
08 Nov 2018
Could a landlord recover rent and lease incentives after the tenant abandoned the premises? Which case won?
A law firm was negotiating with a landlord for the lease of office premises in the inner
29 Oct 2018
Can a company legally sack an employee who has been ill for ten months? Which case won?
A man was employed by a company on a full-time basis as a channel manager.
He was
15 Oct 2018
What are the limits of a post-employment restraint clause in an employment contract? Which case won?
A large clothing retailer with outlets all over Australia employed a chief financial
02 Oct 2018
Who carries the cost when an investor gets scammed? Which case won?
In a case study reported in 2016 by the UK Financial Ombudsman, an investor in the United
18 Sep 2018
When does negligent driving become a criminal offence? Which case won?
In the mid-afternoon of 18 April 2016, a driver was driving her car along Nicholson
04 Sep 2018
Should the husband get a much larger share of the marital assets than the wife after their divorce? Which case won?
The husband was aged 39, the wife was aged 37 and they had been married for about ten
22 Aug 2018
Was it an inexperienced doctor, unnecessary surgery or just bad luck? Which case won?
The patient was a 73-year-old man who was happy, fit and active. In early 2011, he began
06 Aug 2018
Did the old man have the mental capacity to change his will? Which case won?
In 2011, a man signed a will which gave his estate to his three children equally. The will
25 Jul 2018
Could the council force a home owner to remove a caravan from her land? Which case won?
A Sydney council became aware of home owners in the local area who had converted an old
09 Jul 2018
Who was to blame for a drunken motorcycle collision? Which case won?
At 5:15 in the morning following a night of heavy drinking, the plaintiff and defendant
26 Jun 2018
Can you copy someone else’s building plans? Which case won?
A couple owned a block of land in Port Douglas, Queensland, and set out to build an
13 Jun 2018
Prenup signed on eve of wedding – was there undue influence? Which case won?
A couple became acquainted on the internet via a website for potential brides. He was a
30 May 2018
Were the mechanic’s injuries caused by the negligence of the company that employed him? Which case won?
A light vehicle mechanic employed by a service company was working as an independent
16 May 2018
Could an accounting firm restrain a former employee from doing work for one of its clients? Which case won?
In 2003, a nineteen-year-old man began employment as a trainee accountant with a major
19 Apr 2018
She made his life a misery but still wanted part of his estate – which case won?
They met in 1984, when he was a doctor and she was his patient. They had a daughter in
04 Apr 2018
Did the police obtain evidence unlawfully? Would the drug possession charge be dismissed? Which case won?
A man was riding a motorcycle along a road when he was stopped by police for not having
21 Mar 2018
Who keeps the deposit when a property sale falls through? Which case won?
A parcel of land in Fairfield, Sydney, was sold at auction for $1.46 million. The buyer
07 Mar 2018
The lessor or the liquidator – who owns leased equipment when a company goes into liquidation? Which case won?
In this case, a power company had been retained by a government body in Western Australia
23 Jan 2018
Which case won? Could a bank enforce a loan agreement where one of the signatures was forged?
A company was established in 1991 and operated a paintball field on a property in Sydney.
09 Jan 2018
Could Pizza Hut force franchisees to sell pizzas at a loss? Or is that unconscionable conduct? Which case won?
In 2014, the franchisor of the Pizza Hut system in Australia devised a new “value
29 Nov 2017
Coveting my neighbour’s access – the driveway, the easement and the battle of the battle-axe block – which case won?
The defendants owned a block of land in Thornleigh, on Sydney’s upper north shore. In
15 Nov 2017
Was a rival’s use of the phrase “Post without the office” a breach of Australia Post’s intellectual property? Which case won?
Sendle Pty Ltd is a Sydney-based parcel delivery company that provides low-cost,
03 Oct 2017
Government compulsorily acquires land for new road – was the land owner properly compensated? Which case won?
The Roads and Traffic Authority of NSW had compulsorily acquired part of a rural property
10 Aug 2017
Defendant’s criminal sentence hangs on court’s interpretation of a comma – which case won?
In a case decided in 2016 by the United States Supreme Court, a defendant had pleaded
29 Mar 2017
Army officer claims unfair dismissal after sacking for homophobic views – which case won?
The dismissed employee had joined the Army Reserve in 1997. He then transferred to the
01 Mar 2017
Motorbike rider injured in blameless accident seeks compensation from bike owner’s insurer – Which case won?
As the judge noted, it was a case that “could only have taken place in Australia”. A
15 Dec 2016
Developer tries to terminate off-the-plan sale to cash in on soaring property prices – which case won?
Common in the contract for most off-the-plan real estate sales is what’s known as a
