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reasonable suspicion, admissible, inadmissible, evidence, search, strip search, frisk search, police, NSW, methamphetamine, drugs, drug, possession, prohibited, genital, reasonable grounds, privacy, unlawful, LEPRA, Law Enforcement (Powers and Responsibilities) Act
07 May 2025

Did the police have a reasonable suspicion to conduct a strip search? Was the evidence inadmissible? Which case won?

A case in 2017 revolved around the question of whether the police had “reasonable suspicion” to conduct a strip search.

A man was riding a motorcycle along a road when he was stopped by police for not having his helmet strap done up. The man appeared to be nervous.

The police officer made enquiries and found out that the man had previous charges of drug possession and was on bail for manufacturing a prohibited drug. The police officer also observed “ice sores” on the man’s face.

Accordingly, the police officer formed the view that the motorcyclist might be in possession of drugs and decided to search him. In searching the man, the police officer conducted a frisk search and also put his hand inside the man’s jeans and into his genital area.

The man resisted and said: “You can’t do that”. He was then handcuffed and a strip search was performed. The strip search was conducted in public on the roadside in front of other officers.

A plastic bag containing methamphetamine was found in the man’s genital area.

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psychological injuries, psychological injury, workers compensation, NSW, worker, employer, employee, legislation, law, PTSD, anxiety, depression, bullying, harassment, lump sum, prejudice, unfair treatment, entitlement, Whole Person Impairment, WPI, threshold, Elisha, Vision Australia, 30%
30 Apr 2025

Changes coming to NSW workers compensation for psychological injuries

The NSW government has foreshadowed changes to workers compensation legislation that will tighten access for psychological injuries. Massive upsurge in claims The state government has warned the NSW workers compensation system is “unsustainable” unless it cuts back on victims’ eligibility for payments for workplace psychological injuries. These can include PTSD, anxiety and depression. Treasurer Daniel […]
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unconscionable, franchisor, franchisors, franchisee, franchisees, franchising, franchise business, franchise businesses, unconscionable conduct, franchise agreement, franchise agreements, pizza, pizzas, pizza franchise, pizza franchises, pizza chain, pizza chains, class action, profit, profits, profitability, good faith, value strategy, price-cutting strategy, Pizza Hut, Diab, YUM!, YUM! Restaurants, Federal Court, class action
22 Apr 2025

“How can a head office make its franchisees sell pizza at a loss? Surely that’s unconscionable.” Which case won?

A case heard in the Federal Court in 2016 concerned an allegation by franchisees of a pizza chain of unconscionable conduct on the part of the franchisor.

In 2014, the franchisor of the Pizza Hut system in Australia devised a new “value strategy”, first to reduce the number of pizza ranges on offer from four to two; and secondly, to reduce the price of one range from $9.95 to $4.95 and the other from $11.95 to $8.50.

The strategy was devised in the wake of similar measures introduced by rival pizza chain Dominos, and on the back of several years of declining sales at Pizza Hut.

The franchisor undertook some testing of the value strategy in the ACT market, with promising results, and determined to implement the strategy Australia-wide.

Franchisees were required to adopt the strategy because the franchise agreements they had signed gave the franchisor the discretion to change the product range at their outlets and to set maximum prices.

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mortgagee sale, distressed property, foreclosure, mortgage repayment, lender, bank, market value, forced, default interest, professional fees, agent, real estate agent, property agent, valuation, enforced pricing, transparent
10 Apr 2025

How not to have a mortgagee sale

Mortgagee sales increasingly common In our offices, we are suddenly seeing an unfortunate rise in mortgagee sales. A mortgagee sale occurs if a property owner can no longer meet their mortgage repayment obligations, and their lender or bank forces the property to be sold. Disadvantages of distressed property sales There are significant downsides for a […]
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cancel contract of sale, property, vendor, purchaser, buyer, seller, contract, deposit, return, parcel of land, completion, completion date, reinstate, earthworks, terminate, repayment, Notice to Complete, Notice to Perform, contract, auction, lawyer
02 Apr 2025

Can a vendor cancel a contract of sale and keep the deposit? Which case won?

A dispute heard in the NSW Court of Appeal concerned whether or not a property vendor was entitled to cancel a contract of sale and keep the purchaser’s deposit.

A parcel of land in Fairfield, Sydney, was sold at auction for $1.46 million. The buyer and seller entered into a contract for sale and the buyer paid a ten per cent deposit of $146,000. The contract stated that the completion date was to be 20 June 2015.

Some time prior to entering into the contract, the vendor had performed earthworks on the property. The local council had declared the earthworks illegal and issued an order requiring that the seller reinstate the property to its previous condition.

By a special condition contained in the contract, the seller agreed to reinstate the property as required by the order “before completion”. The contract stated that the buyer would be entitled to terminate the contract and be repaid the deposit if the seller failed to do so.

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marital assets, property settlement, asset pool, divorce, separation, separate, separating, Family Court, Full Court of the Family Court, property settlement order, property settlement orders, financial contribution, ongoing contribution, ongoing contributions, care for children, caring for children
22 Mar 2025

“I deserve more of the marital assets because I bought the house and now I look after the children.” Which case won?

A case in the Family Court involved a dispute over the division of marital assets.

The husband was aged 39, the wife was aged 37 and they had been married for about ten years at the time of separating. They had two children.

When they started living together, the husband had assets of a total value of $226,000, while the wife had assets of a total value of $11,500.

The husband was employed at all times and the wife was employed until shortly before the first child was born, then employed part-time after the first child turned five.

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school duty of care, school, duty of care, legal, attack, unprovoked attack, bashed, supervision, monitoring, violent, breach, damages, school grounds, school hours, safety, office, bus, plaintiff, medical, psychological, injury
19 Mar 2025

Court finds school’s duty of care extends beyond school gate

The NSW Supreme Court recently ruled that a school had failed in its legal duty of care for a 14-year-old boy after he suffered an unprovoked attack, even though it occurred outside school hours and beyond the school grounds. Student attacked outside school gate after end of school day The former Sydney schoolboy won $1.75 […]
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assault and battery, assault, speed camera, speed camera operator, attack, vigilante, vigilantism, unprovoked, corrections officer, damages, compensation, workers compensation, pain, suffering, aggravated damages, grievous bodily harm, injury, physical, psychological
13 Mar 2025

Speed camera operator awarded $401K for assault and battery in vigilante attack

A man who committed assault and battery against a speed camera operator was ordered by a court to pay his victim $401,265 in damages. Assault and battery due to mistaken belief The NSW District Court heard the unprovoked attack happened in a car park in the town of Oberon, when the attacker mistakenly decided that […]
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vicariously liable, vicarious liability, child abuse, sexual abuse, compensation, settlement, damages, Catholic Church, church, priest, diocese, abuse, historical sexual abuse, payout, National Redress Scheme, survivor.
13 Mar 2025

Institutions can be vicariously liable for sexual abuse

Victorian government pays $8 million settlement to sexual abuse survivor Recent cases in Australia demonstrate that institutions can be vicariously liable for sexual abuse. In 2024 a survivor of sexual abuse by a teacher at a Melbourne primary school was awarded an $8 million settlement against the Victorian Education Department, in what is believed to […]
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farm injuries, farm, farming, hazard, accident, injury, injured, safety, work health and safety, workplace, WHS, quad bike, vehicle, animal handling, biosecurity, machinery, electrical, tree, worker, stablehand, cattle, horse, bull, Safework NSW, farm worker, industrial manslaughter
12 Mar 2025

Farm injuries show safety must be taken seriously

Farm injuries are unfortunately quite common – farming can be a dangerous occupation. Work on farms accounts for one in every five workplace deaths in NSW, with quad bikes, heavy vehicles, animal handling, biosecurity hazards, machinery, tree accidents and electrical work among the most common hazards. Farm injuries report demonstrates need for farm work safety […]
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owners corporation death, owners corporation, body corporate, conviction, convicted, death, worker, industrial accident, strata, gate, electric gate, industrial gate, work health and safety, WHS, OHS, serious injury, SafeWork, workplace safety, common property, compensation
07 Mar 2025

Strata owners corporation convicted over site death

A strata owners corporation of commercial premises was recently convicted in the NSW District Court after a damaged heavy gate fell on a worker, resulting in his death. First conviction of owners corporation for failing to prevent industrial accident SafeWork NSW, which brought the court action, said it was the first conviction of an owners […]
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motorcycle accident, accident, accidents, motor bike, motorbike, motorcycle, trail bike, motor bikes, trail bikes, trail bike accident, plaintiff, defendant, negligence, contributory negligence, injury, injuries, personal injury, Nominal Defendant, collision, crash
07 Mar 2025

Who was to blame for a drunken motorcycle accident? Which case won?

A case heard in NSW in 2017 involved a drunken motorcycle accident.

At 5.15 in the morning following a night of heavy drinking, two men who were friends each rode an unregistered off-road motorcycle (trail bike) on a public road in New South Wales. The two men subsequently become the plaintiff and defendant in this case.

Neither motorcycle was fitted with a headlight. While travelling in opposite directions along the road, the two trail bikes were involved in what was effectively a head-on collision.

The collision occurred on the plaintiff’s side of the road, about 1.5 metres from the centre line on the road. The bikes both collided on their left-hand side, which meant the defendant’s motorbike had to have crossed the path of the plaintiff’s bike before they collided.

The plaintiff was wearing a motorcycle helmet, but the defendant was not. While the plaintiff was unlicensed, he did have considerable experience riding trail bikes.

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police PTSD, police, PTSD, PTSI, post traumatic stress disorder, post traumatic stress injury, NSW, compensation, workers compensation, workers comp, claim, officer, trauma
06 Mar 2025

Police PTSD compensation claims

Police deal with terrible traumatic incidents in the course of their work, which can lead to post traumatic stress disorder (PTSD).  Not only do they investigate violent crimes, where they are often first on the scene of gruesome murders, but many also face personal threats or attacks by angry or deranged members of the public. […]
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industrial relations, industrial action, strike, union, protected action, RTBU, transport, organised labour, employer, worker, trade union, injury, pay, conditions, industry, strike funds, Shearing Strikes, enterprise bargaining, stand-down, employee, Award, selective work ban, public transport, EBA, Fair Work Act
28 Feb 2025

NSW rail transport strikes and the poker game of industrial relations

Pay dispute between rail workers and transport authorities The dynamics of industrial relations have much in common with the game of poker. Successful players can conceal their thoughts from opponents and bluff them into misreading the strengths and weaknesses of a hand. Over the past few months, NSW transport authorities, and the transport unions, have […]
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equipment leasing, gas turbines, equipment, power company, assets, lease, dispute, liquidation, liquidator, Forge Power, General Electric, PPSR, PPSA, Personal Property Securities Register, security interest, ownership, property, voluntary administration, register, claim, fixture, leasing goods, business, transaction, frequency, title
25 Feb 2025

What happens with equipment leasing when a company goes into liquidation? Which case won?

A dispute over equipment leasing was heard by the NSW Supreme Court in 2016.

A power company had been retained by a government body in Western Australia to design, construct, test and commission a temporary power station.

In March 2013, the power company entered into a written contract with a conglomerate to lease four mobile gas turbine generators to the power company for a fixed term. The value of the lease was over $33 million. At the end of the lease the turbines were to be returned to the conglomerate.

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forged signature, loan agreement, loan agreements, forged signatures, forgery, bank loan, bank loans, mortgage, mortgages, personal guarantee, personal guarantees, director guarantee, director guarantees, directors guarantee, unlimited guarantee, letter of acceptance, letter of offer, guarantee acknowledgement, ASIC, Corporations Act, outstanding debt, outstanding debts, money owing, statutory assumption, statutory assumptions, statutory assumptions of regularity, section 127, section 128, section 129
01 Feb 2025

Could a bank enforce a loan agreement with a forged signature? Which case won?

A company was established in 1991 and operated a paintball/skirmish business on a property in Sydney. In 2004 and 2009 the company entered into loan agreements with a bank. The amounts totalled approximately $100,000, with a further advance of $50,000, and two overdraft facilities of $15,000 and $20,000.

The company had two directors, who had both personally guaranteed an overdraft facility provided by the bank in 1996.

This same guarantee was used as security for both the 2004 and 2009 loans.

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29 Jan 2025

“It was unconscionable for the casino to exploit my gambling addiction.” Which case won?

In July 1994, at the age of 27, a gambler commenced gambling at a casino in Melbourne.

Over the course of 1994 he lost $110,000 of his father’s money at the casino.

He was also charged with defrauding a finance company of approximately $286,000, an offence which he sought to mitigate by asserting that it was committed to support a gambling addiction.

The gambler was referred to a program for problem gamblers, as well as to a clinical psychologist specialising in gambling-related diseases.

He was diagnosed as a “classic pathological gambler”.

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accident NSW Queensland, NSW, Queensland, vehicle accident, motor vehicle accident, Gold Coast, road rules, state, interstate, CTP, insurance, Compulsory Third Party, injury, claim, compensation, personal injury, lawyer
16 Jan 2025

Differences between NSW and Queensland for a vehicle accident or injury compensation claim

Adjusting your watch for daylight saving isn’t the only thing to remember when you cross the border from NSW to Queensland, or vice versa – particularly if you are involved in an accident. What you need to do in NSW and Queensland following an accident If you have a vehicle accident in NSW resulting in […]
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