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estoppel, promissory estoppel, equitable estoppel, law, equity, estoppel by acquiescence, estoppel by encouragement, farm, rural property, claimant, broken promise, promise, retainer, legal action, life interest, evidence, bequest, assets, distribution, Supreme Court, Court of Appeal, High Court, assurance, inherit, inheritance, will, gift, unconscionable, detriment
19 Nov 2025

Promissory estoppel: “One day all this will be yours…” – which case won?

A married couple bought a rural property on the northwest peri-urban fringe of Sydney in 1969. Both held high-profile jobs in fields unrelated to agriculture, so for the whole of the time between the purchase and the death in 2016 of the wife, who outlived her husband, the property had to be run by a manager on a share farming basis.

The claimant was the son of the man who had managed the property until 1974, after which the claimant, then 22, took over, and remained as the manager until the death of the wife.

Under the will of the wife – the sole owner of the property after her husband’s death – the property was left to one of her two daughters; and there was a gift of a little over $200,000 to the claimant.

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construction site accidents, trauma, traumatic, injury, fatality, electricity, construction industry, scaffolding, lump sum, workplace accident, compensation, claim, SIRA, State Insurance Regulatory Authority, IRO, Independent Review Office, WPI, whole person impairment, TPD, total and permanent disability, worker, employee, employer, vicariously liable, plaintiff, negligent, medical costs, medical expenses, pain, suffering, workplace.
14 Nov 2025

Construction site accidents and injured workers

Falling from a height is the leading cause of traumatic injuries and fatalities in the NSW construction industry, closely followed by construction site accidents involving electricity. Alarming rate of construction site accidents Safe Work Australia statistics are disturbing: in the year 2022-23 there were 36 fatalities in the construction industry. Construction accidents led to 16,647 […]
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Christian school, picking child's school dispute, dispute over choice of school, choice of school, parenting dispute, parenting disputes, family law, family court, family lawyer, court order, court orders, parenting orders, parenting, parenting arrangements, child's school, children's school, religious instruction, religious education, non-religious, Christian, Christianity, public school, secular, secular morals, secular values, devout Christian, belief system, belief systems, religious beliefs
03 Nov 2025

“My daughter should attend a public school, not a Christian school. My secular values are just as valid.” Which case won?

A couple had a child in 2008 and separated in 2010. The parents had distinctly different world views, with the mother being deeply religious, while the father was not religious at all. After the separation, the couple managed to negotiate arrangements for sharing the care of the child.

In November 2012 the father took legal action against the mother, seeking interim orders binding the parties in relation to the school that their daughter would attend.

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work weekends, weekend, employment, Fair Work Act, Modern Award, Enterprise Agreement, full-time, part-time, 38 hours, employer, employee, worker, working week, shift work, out-of-hours, on call, overtime, time in lieu, disconnect, right to disconnect, contract.
23 Oct 2025

Weekend worriers – can your boss force you to work weekends?

One of the items on our website – Can your boss force you to work weekends? – continues to attract enquiries, despite being published in 2012. This article is an update. Discussing whether or not employees can be made to work out of hours requires reference to the way in which the “rules” around employment […]
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Cancer, sack an employee, discrimination, disability discrimination, unlawful discrimination, sick leave, absent due to illness, unpaid leave, employment terminated, temporary illness, Disability Discrimination Act, Fair Work Act, adverse action, General Protection, discriminatory reason, Fair Work Regulations, legislation, interlocutory application, temporary absence, illness, injury.
20 Oct 2025

“I had cancer and they sacked me. That’s disability discrimination.” Which case won?

A man was employed by a company on a full-time basis as a channel manager.

He was diagnosed with stage IV stomach and liver cancer in August 2012. From that time until his dismissal in July 2013, the employee remained on leave. He had paid sick leave until that ran out and after that was on unpaid leave.

The employee kept his employer updated of his progress throughout his period of absence from the workplace.

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conveyancing NSW Queensland, conveyancing, NSW, Queensland, buyer, purchaser, seller, vendor, contract, cooling off, reform, disclosure, mandatory, transparency, land use, title, encumbrance, survey, zoning, community title, rescind, easement, exchange of contracts, binding, Section 66W, conveyancer
10 Oct 2025

Conveyancing differences between Queensland and NSW

Conveyancing in NSW and Queensland differs significantly, with NSW often seen as more legally structured and buyer friendly. If you are buying or selling over the border for the first time, it is important you are across the differences and the legal requirements, and in particular, the reforms that came into effect on 1 August […]
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scam, email hacked, emails hacked, email account hacked, hacked email, hacked emails, hacker, hackers, hacking, investment scam, investment scams, phishing scam, phishing scams, fraud, cyberfraud, cybercrime, cyber fraud, cyber crime, fraudster, fraudsters, cyber criminal, cyber criminals, fraudulent, financial adviser, investment provider, ombudsman, financial ombudsman, mortgage, email, emails, bank account, investment bond, investment, bank details, bank account details, Stay Smart Online, reverse the threat, credit card, credit card payment, credit card payments, credit card scam, ASIC, Financial Ombudsman Service, FOS, payment redirection scam, email compromise scam, business email compromise scam, payment redirection fraud
07 Oct 2025

“My financial adviser should have spotted the scam, so they’re liable for my losses.” Which case won?

In a case study reported in 2016 by the UK Financial Ombudsman, an investor in the United Kingdom, Ms Q, fell victim to a payment redirection scam when she had her emails hacked by fraudsters, who impersonated her and sent emails purporting to be from her to her financial adviser.

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Doyle's Guide, Karina Goodall, Tom Goudkamp, Anna Tavianatos, Justin Stack, Alessandra Pettit, Grant Avery, Sally Gleeson, personal injury, compensation, motor vehicle accident, accident, public liability, medical negligence, work injury, institutional abuse, leading, recommended, lawyer, legal, directory, independent, plaintiff.
01 Oct 2025

Recognition for Stacks lawyers by Doyle’s Guide

Pictured above, top row, L-R: Karina Goodall, Tom Goudkamp, Anna Tavianatos, Justin Stack. Bottom row, L-R: Alessandra Pettit, Grant Avery, Sally Gleeson. We’re proud to share that several of our talented personal injury lawyers have been recognised for their outstanding expertise by their inclusion in the 2025 Doyle’s Guide rankings for Injury & Compensation Law […]
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co-executor, coexecutor, will, de facto, dispute, estate, asset, property, coastal property, deceased, financial, non-financial, contribution, maintenance, mortgage, loan, ownership, remove, executor, sole executor, family provision, beneficiary, delay, administration, prejudice, will maker, estate planning, blended family
22 Sep 2025

“We should have sold my mum’s property years ago, but the co-executor won’t move out” – which case won?

A case heard in NSW concerned a dispute between one co-executor who was the son of the deceased, and one who had been her de facto partner.

In April 2011 a woman died at 60 years of age. She was survived by her two adult children and her de facto spouse.

The woman and the de facto spouse had lived together as a couple since about 1996 until her death, a period of about 15 years. They lived together on the NSW coast in a home unit which was owned by the woman.

The property was the woman’s only asset of any real value, which was estimated at $245,000 at her death.

The woman made her last will in 1998, appointing one of her sons and her de facto spouse as co-executors. The will left half the value of her home to her de facto spouse and the other half to her sons.

Probate of the will was granted to the son and the de facto spouse as co-executors.

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Workers Compensation Bill, workers compensation, workers comp, compensation, claim, injury claim, work injury, sexual harassment, discrimination, trauma, PIRS, lump sum, impairment, personal injury
12 Sep 2025

Calls to improve amendments to NSW Workers Compensation Bill

A Workers Compensation Bill before the NSW Parliament would significantly change workers compensation laws, in particular the way psychological injury in the workplace is assessed and dealt with by authorities. New Workers Compensation Bill aims to keep scheme sustainable The original Workers Compensation Exposure Draft included provisions requiring people who experience sexual harassment or racial […]
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Listeria, soft cheese, product recall, food recall, food safety, monocytogenes, bacteria, contaminated, contamination, compensation, contaminated food, NSW Food Authority, Mon Ami, Emborg, camembert, brie, symptoms, listeriosis, pain, suffering, fever, muscle aches, nausea, diarrhoea, shock, loss of balance, convulsions, coma, septicaemia, meningitis, miscarriage
10 Sep 2025

Soft cheese product recall sparked by risk of Listeria contamination

The NSW Food Authority has announced a product recall for several soft cheese products that have been available in supermarkets across Australia, due to a potential contamination with deadly Listeria monocytogenes. Listeria fears prompt international product recall of soft cheese dated up to 1 October 2025 The products are Mon Ami branded Brie – French […]
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negligent driving, negligent driver, road accident, motor vehicle accident, MVA, unidentified vehicle, Nominal Defendant, uninsured vehicle, compensation, personal injury, personal injury claim, Workers Compensation Act, witness, fishtail, fishtailing, liable in negligence, liability, duty of care, causation, assumption of risk, contributory negligence, District Court, Supreme Court, which case won, Nissan, Skyline, black vehicle, kerb, kerbside
08 Sep 2025

“It wasn’t negligent driving. I had to swerve to avoid an unidentified vehicle” – which case won?

A car accident took place in Chatswood, NSW, on a dark and rainy day with poor visibility. One of the cars involved was a Nissan Skyline, occupied by the driver and his passenger, who worked together and had just left their place of work.

The driver lost control of the Skyline, crossed onto the wrong side of the road and came to a standstill. A four wheel drive vehicle travelling in the opposite direction was unable to stop and collided with the front passenger door of the Skyline.

The passenger was trapped in the car and sustained serious injury to his left leg. The driver of the four wheel drive was also injured.

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employment law, employment, employer, employee, industrial revolution, workforce, contract, employment contract, contract of employment, wage, salary, agreement, consideration, specific performance, organised labour, trade union, employment dispute, dispute, basic wage, Modern Award, Fair Work Act, enterprise agreement, employment tribunal, dismissal, work health and safety, WHS, compensation, injury, injured, worker
04 Sep 2025

Exactly what is employment law? Piecing together the employment law jigsaw puzzle

All areas of the law evolve under the stimulus of societal change, and few areas evolve more quickly than that of employment law. The pace of change in the field of employment law can make it hard to keep up with what’s happening, and this is made harder by the complex tapestry of legal sources […]
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restraint clause, accountant, accountants, accountancy, accounting, accounting firm, employment contract, client relationship, client relationships, goodwill, breach of contract, chartered accountant, chartered accountants, liquidated damages, damages, accounting service, accounting services, which case won
25 Aug 2025

“By poaching our clients after he left, he breached the restraint clause in his employment contract” – which case won?

In 2003, a nineteen-year-old man began employment as a trainee accountant with a major accounting firm in Perth, under an employment contract that included a post-employment restraint clause.

Restraint of trade clauses are often included by employers to protect their client relationships should an employee leave and start up work in competition.

However, clauses of this nature are not always easy to enforce, because the law recognises that it is not in the public interest to hinder a person’s ability to earn a living or to restrict healthy competition between businesses.

The onus to prove that a particular restraint clause is “reasonably necessary” to protect “legitimate business interests” therefore rests with the employer.

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infection surgery, infection after surgery, post operative infection, post surgery infection, post surgical infection, caesarean section, VAC dressing, seroma, hernia, necrotic flesh, intravenous, antibiotics, surgical mesh, debridement, medical negligence, negligent, surgical drain, diagnosis, misdiagnose, misdiagnosed, misdiagnosis, liable, surgeon, surgery, symptoms
11 Aug 2025

“I developed an infection after surgery because the hospital was negligent.” Which case won?

A case in NSW centred on the question of whether a hospital was liable for a patient developing an infection after surgery.

On 7 June 2010, a woman attended a hospital for the repair of an incisional hernia that had developed at the site of her caesarean section wound, following the birth of her third child at the end of 2009.

The patient was admitted for surgery by a senior surgeon, but underwent the hernia repair at the hands of a junior surgeon, with the senior surgeon present to assist. The hernia was repaired and surgical mesh was placed over the hernia site.

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copyright building plans, building plan, building plans, floor plan, floor plans, replica house, unique house, building designer, building company, architecture, architectural style, architecturally unique, identical house, layout, copyright, copyright infringement, infringement of copyright, infringe copyright, infringing copyright, Coles v Dormer, architectural plans, elevations, arched window, arched windows, circular window, circular windows, round window, round windows, injunction, damages, dormer roof, dormer roofs, dormer rooves, stone edge trim corner, stone edge trim corners
29 Jul 2025

“They had no right to rip off my building plans, that’s copyright infringement.” Which case won?

A case heard in Queensland revolved around alleged copyright infringement of building plans.

A couple owned a block of land in Port Douglas, Queensland, and set out to build an architecturally unique house on the land.

They engaged a building designer to assist and sent an email to the designer with their ideas for the house, which included proposed specifications, four pages of draft floor plans and two photographs of houses illustrating the architectural style the couple had in mind.

The building designer prepared detailed plans (“the building plans”) and the couple engaged a builder to undertake the construction. Sometime after the house was built, the couple listed the property for sale and sold it to a new owner.

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prenup, binding financial agreement, postnup, postnuptial agreement, prenuptial agreement, financial agreement, undue influence, unconscionable conduct, property developer, Eastern Europe, binding, binding agreement, assets, legal advice, adequate provision, vulnerable, pressure, excessive pressure, family law, divorce, separation, break up, bargain, bad bargain, inappropriate, inadequate
14 Jul 2025

“I signed that prenup under extreme duress, so it should be set aside.” Which case won?

A case that went all the way to the High Court revolved around the question of whether a binding financial agreement (prenup) was signed under duress.

A couple became acquainted on the internet via a website for potential brides. He was a wealthy property developer, an older man who had previously been married and who had three adult children from his first marriage. His family was in Australia, as were his assets, which were worth between $18-$24 million.

She was an Eastern European woman who was much younger than him, had been married and divorced, had no children and wanted to have children of her own. She had no assets, spoke little English and her family lived overseas. She had no connections or community in Australia.

The couple met overseas in person shortly after making contact via the website. He took her on an extended European holiday and met her family. Seven months after they met, the couple moved to Australia with the intention of getting married.

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03 Jul 2025

“Twenty pegs wouldn’t have done it”: questions posed by the Tasmanian jumping castle accident

Jumping castle an attraction at school event Although more than three years have passed since the Tasmanian jumping castle accident, the tragedy is still fresh in our minds. On 16 December 2021 there was an event, the “Big Day In” at Hillcrest Public School in Devonport, on the north coast of Tasmania. The weather was […]
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