03 Apr 2024
Protect yourself against payment redirection scams
According to the latest figures from the Australian Competition and Consumer Commission, in 2022 Australians lost more than $3 billion to scammers, including losses due to payment redirection scams – and that is only the losses that were reported to the ACCC. How common are payment redirection scams? As house prices soar, scammers are employing […]
Read the full story29 Feb 2024
Court says coal mines can be approved without considering climate change
In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines. Environmental group claims minister did not consider climate change The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek’s assessment of […]
Read the full story01 Feb 2024
Success in class action for business disruption due to Sydney light rail roadworks
A recent Supreme Court judgment may open the way for businesses to claim damages from the government if they lose income due to business disruption as a result of major road works. Construction of light rail causes significant business disruption Two Sydney small business owners took Transport for NSW to court after they lost income […]
Read the full story24 Jan 2024
“Is it legal for me to pump water from the river?” – laws governing water use in NSW
Water security challenges loom as groundwater and river systems under threat Australia is a dry continent, and it is only getting drier. The country’s largest river and groundwater systems are under threat. As competing interests assert their right to water access, it is important to understand the laws governing water use. Regional towns and industries […]
Read the full story30 Nov 2023
How an emoji can land you in court
We often add an emoji to our emails and text messages to bring a bit of levity to otherwise dull communications, but beware – icons such as the thumbs up, smiley face or gun could land you in trouble with the law. Legal impact of using emojis An emoji is an image used in texting […]
Read the full story19 Oct 2023
Trouble at the bank of mum and dad – the horror story edition on family loans
Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
Read the full story11 Oct 2023
Court rejects nuclear waste dump after challenge by traditional owners
Coalition government claimed dump site had support of local community When the previous coalition government announced a national nuclear waste dump would be built on a 211-hectare farm near Kimba in South Australia, it proclaimed it had the support of local people. The dump would take low-level radioactive medical waste and temporarily store intermediate-level nuclear […]
Read the full story03 May 2023
Electronic signature needs to be seen when signing
Electronic signing of documents grew enormously during the Covid lockdowns, but now questions have been raised about how an electronic signature, created with the press of a button, is properly witnessed under law. What is an electronic signature? Software such as DocuSign can be used to add a signature to a document electronically by pressing […]
Read the full story21 Apr 2023
Guilty or not guilty – could computers replace judges in a court of law?
Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
Read the full story30 Mar 2023
“Rights of nature” redefining humanity’s place in the natural world
The looming climate catastrophe has engendered the “Rights of Nature” movement, which strives to redefine the relationship between humanity and the world we inhabit. The natural world is arguably recognised as a living entity with legal “personhood” and the same rights as humans to be protected, survive and thrive. Climate change and ecological deterioration Chances […]
Read the full story22 Feb 2023
Smoking on balconies and the law
Smoking on balconies is the cause of many apartment block disputes. Recently a non-smoking couple took their downstairs neighbours to court to prevent them from smoking on the balcony below. After a protracted dispute, the non-smokers won. Complaint that smoking on balconies affects health and wellbeing A Kingscliff couple took their smoking neighbours who lived […]
Read the full story14 Feb 2023
Clear laws needed for use of facial recognition technology
Police and security services are making ever more use of facial recognition technology, which can identify individuals via CCTV by scanning an individual’s face and matching it to images held in a database. No dedicated laws in Australia for facial recognition technology Facial recognition technology (FRT) can be useful, but Australia does not have clear […]
Read the full story01 Dec 2022
How much can the landlord raise the rent?
With inflation pushing up interest rates and mortgage costs, many tenants are anxious that their landlord wants to raise the rent. It’s important for both landlords and tenants to know the law regarding rental increases. When can a landlord raise the rent? The landlord can’t raise the rent for tenants who are on a fixed-term […]
Read the full story01 Nov 2022
Bad short-term renters and hosts in NSW can now go on Exclusion Register
There is good news for neighbours of rowdy, poorly managed short-term rental accommodation in NSW, with a new Exclusion Register to prevent guests and hosts with two serious breaches of the Code of Conduct in a two-year period, from participating in the industry. What is the Exclusion Register? Since August 2022, bad renters and bad […]
Read the full story06 Oct 2022
Selling a property in NSW – the buyer, the seller, the lawyer and the real estate agent
Selling a property, or buying one, usually involves a buyer (purchaser), a seller (vendor), a lawyer (solicitor) or conveyancer, and a real estate agent. Each of these people has a role to play for the transaction to be completed smoothly, without unnecessary drama or grief. Problems can often arise when one of these people underestimates […]
Read the full story14 Sep 2022
What you should know when buying vacant land “off the plan”
Many people dream of finding some vacant land and building a special home on it. But just as with buying an apartment “off the plan” in a yet-to-be-built apartment block, there are many factors to take into consideration and potential pitfalls to be aware of. What does it mean to buy vacant land off the […]
Read the full story21 Jul 2022
Can you rescind a contract for the sale of land due to mental illness?
by Anneka Frayne and Talitha Fishburn As the incidence of mental illness and the awareness of it continue to grow, there is an increasing likelihood of one or the other party wanting to rescind a contract for the sale of land due to mental illness. What does it mean to rescind a contract? With property […]
Read the full story24 Feb 2022
Checklist for real estate agents – dealing with a lawyer or conveyancer on a residential property sale in NSW
For a residential property sale to go as smoothly as possible for all parties, it is helpful for real estate agents to provide complete and accurate information to the lawyer (solicitor) or conveyancer who is handling the transaction. This article outlines some of these items. Sales process for residential property There is a normal sales […]
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