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So far ajames has created 23 blog entries.

Does a Secret Ballot actually need to be secret?


The Office of the Commissioner for Body Corporate and Community Management (the Commissioner’s Office) recently considered a dispute between the Body Corporate for Florentino Apartments, a small body corporate, and the service contractors, who also owned a lot in the scheme. The service contractors (they were individuals as opposed to a company) were coming [...]

NSW Court of Appeal overturns costs order against non party


In Yu v Cao [2015] NSWCA 276 the New South Wales Court of Appeal considered a costs order made at first instance that a non-party to a defamation proceeding pay the costs of both the plaintiff and the defendant. Prior to the matter reaching a hearing, the plaintiff had developed a suspicion that the non-party may have [...]

NSW Court of Appeal considers effect of Calderbank offers


On 7 September 2015, the NSW Court of Appeal handed down its decision in Perisher Blue Pty Ltd v Nair-Smith (No 2) [2015] NSWCA 268. At first instance, Dr Nair-Smith successfully sued Perisher Blue for personal injury damages following a skiing accident. Perisher Blue later successfully appealed that decision and were ordered costs on an ordinary [...]

NSW Supreme Court awards over $2.3 million in damages for malicious prosecution


The New South Wales Supreme Court has awarded $2,310,350 plus interest and costs for damages for the malicious prosecution of Ms Rosanne Beckett.  Beckett had been convicted of soliciting the murder of her ex-husband and served 10 years of a 12 year sentence.  Her conviction was ultimately quashed by the Court of Criminal Appeal after a [...]

NSW Court of Appeal considers privilege against self incrimination in light of ASIC Act


In Regina v OC [2015] NSWCCA 212 (13 August 2015), the NSW Court of Appeal considered the application of the principle of privilege against self incrimination in the context of the Australian Securities and Investment Commission Act 2001 (Cth). The court confirmed that the prosecution must discharge the onus placed upon on it and can not compel the accused to [...]

Clerical Errors in Wills


If a Will has been executed that contains a clerical error or does not reflect the testator's instructions - it may be possible to obtain an order for rectification from the Supreme Court. Strict time limits apply. For further information, please contact Mr Michael Campbell.

Legal Practitioner Ordered To Pay Costs


The New South Wales Court of Appeal in the matter of Nadarajapillai v Naderasa (No 2) [2015] NSWCA 209 recently considered whether a legal practitioner should pay costs of an unsuccessful appeal in that court. The Court of Appeal had previously dismissed the Notice of Appeal (the Appeal) with costs. The successful respondent to the Appeal filed [...]

Need to find legislation for States, Territories, and New Zealand


The Australian Government - Office of Parliamentary Counsel website provides an excellent resource when you need to find Commonwealth legislation.  In addition, links it provides links to legislation for the Australian State and Territories, as well as New Zealand. For further information contact Mr Michael Campbell on 07 5528 0170  or access the link above.