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online defamation, defamation, online, forum, administrator, Facebook, Google, search engine, social media, Reddit, third party, visitor, comment, innocent dissemination, innocently dissemination, defamatory, social media, complaint, complainant, publisher
03 Oct 2024

New online defamation defence for publishers “innocently disseminating” third party comments

Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]
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tax assessment, tax bill, Commissioner of Taxation, Australian Taxation Office, investment, property, company, indemnity, trust, family trust, alienation of property, corporate trustee, land transfer, preferred creditor, unpaid tax, restructure, declaration, fraud, defraud, creditor
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 million to the Australian Taxation Office.

The company held nine properties for the trust. After receiving the tax bill, the company implemented a complicated restructure to transfer ownership of those properties.

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speak ill of the dead, defamation, defamatory, defamed, deceased, reputation, legal action, ALRC, Australian Law Reform Commission, injunction, declaratory order, correction, Defamation Act, publication, identifiable, social media, internet, claim
19 Jul 2023

Yes, you can speak ill of the dead

For thousands of years we have been told not to speak “evil” of the dead. Some say it dates back to the 6th century BC philosopher Chilon of Sparta, who warned it would harm the deceased’s enjoyment of the afterlife. Mind you, Chilon also said “obey the law”, and Australian law says you certainly can […]
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part ownership, property, residence, shared, evicted, contributed, renovations, dispute, outgoings, utilities, capital value, damages, absolute gift, unconditional gift, qualified gift, conditional gift
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 obtained $147,000 by selling her home and gave the money to her daughter and son-in-law over the period between November 2012 and January 2013, for the purchase of a property in Casula, in south-western Sydney. 

The daughter and son-in-law agreed the mother would live with them at the Casula property. The three had agreed that the mother would live in a separate part of the house.  

However, another aspect of the arrangement was ambiguous. While the mother thought she would reside with her daughter and son-in-law forever, they thought she would stay with them long term, but not forever. 

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misleading or deceptive, misleading conduct, deceptive conduct, trademark infringement, trademark dispute, consumer protection, passing off, trademark registration, Trade Marks Act
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 the treatment so much that she purchased all the salon’s bottles and started distributing the product in North America.

She later acquired the worldwide rights to the product, and in October 2007 set up a new company selling its range of hair care products in several countries.

The company launched its products in Australia in September 2009.

These products were part of a “salon-only professional high-end prestige brand”, and the principal ingredient was argan oil.

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right to protest, knitting nanas, Right to Farm Bill, peaceful protest, peaceful assembly, fracking, climate change, land clearing, climate protest
10 Jan 2020

Climate change protests provoke debate on right to protest in Australia

Dozens of protesters have been arrested in Australia for demanding immediate action on climate change. Sitting on roads, protesters have been charged with not obeying a police direction and disrupting traffic. Even “knitting nanas” have been in the firing line and have been arrested for attempting to block fracking or land clearing. For some demonstrators, […]
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defamatory email, email defamation, defamation, harassed, harassment, imputation, defence, credibility, damages, aggravated damages
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. The tenant had recently moved into the complex and did not always lock her letterbox.

There was an increase of mailbox theft in the area and the chairperson was of the view that if all residents were to lock their letterboxes, it would reduce the chance of theft of mail.

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