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.
Construction site accidents and injured workers
“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.
Weekend worriers – can your boss force you to work weekends?
“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.
Conveyancing differences between Queensland and NSW
“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.
Recognition for Stacks lawyers by Doyle’s Guide
“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.
Calls to improve amendments to NSW Workers Compensation Bill
Soft cheese product recall sparked by risk of Listeria contamination
“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.
Exactly what is employment law? Piecing together the employment law jigsaw puzzle
“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.
“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.
“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.
“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.