Zhang v Canterbury City Council (2001) 51 NSWLR 589
This is a decision of the New South Wales Court of Appeal, commonly used in intermediate appellate courts across Australia and in particular in the Land and Environment Court and in relation to the role of Development Control Plans (“DCP”) in development applications.
Abalos v Australian Postal Commission (1990) 171 CLR 176
Ms Abalos was a post worker who was diagnosed with the “tennis elbow” condition. She brought a claim of negligence seeking damages against her employer in the Supreme Court of New South Wales. Expert witness, professor Fergusen testified to “unsatisfactory work stations”. Trial Judge found in favour of Ms Abalos.
The dominant use of land: Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2020] NSWLEC 66
A recent Court of Appeal decision has decided that in categorising land surrounding an open cut coal mine for the payment of Council rates, the ‘dominant use’ of the land must be determined by considering all activities and uses on the land as a ‘whole’.
Exclusive Jurisdiction in Employment Contracts
Contractual employment disputes which may give rise to future legal proceedings are governed by an ‘exclusive jurisdiction’ clause in an employee’s contract.
Assessing legal capacity when making a will: Why a 150 year old case still remains relevant today
In order for a testamentary will to be valid the ‘testator’ (i.e. the person making the will) must be of sound mind, memory and understanding. The process of meeting this criteria is referred to as having ‘testamentary capacity.’
How parenting orders are determined prior to final orders being made
The leading authority on how a Court will determine what is in the best interests of the children at an interim hearing is Goode v Goode.[1]
When parenting orders don’t work: The Rice v Asplund rule
If you are thinking about varying your existing parenting orders, it is important to first consider the legal principles surrounding whether or not a final order can be changed, and whether the Court would entertain such a change.
Rent Relief for Tenants of Retail and Commercial Leases
NSW government has amended Retail Leases Act (NSW) 1994 and Conveyancing (General) Regulation (NSW) 2018 to provide rent relief for retail and commercial tenants who have suffered financially due to the current lockdown.
Understanding Apprehended Domestic Violence Orders
In certain circumstances you may feel as if someone is threatening your safety, or you may have already been exposed to violence, threats or harassment from an individual with whom you are in a domestic relationship with. In this situation an Apprehended Violence Order (AVO), specifically an Apprehended Domestic Violence Order (ADVO), is a recourse of action that can be taken to set certain conditions on the offending party or defendant, for your safety.
Legal Problem Solving
At some points in our lives, we all come to feel we have been ‘wronged’ in a certain circumstance. If you think you have been wronged and are determined to find a solution to your problem, the following process can help. A good lawyer uses the same methodology to ‘untangle a problem’ and find solutions.