Emojis in Contract Law: Proceed with Caution!
In a recent groundbreaking ruling, a Canadian Superior Court has introduced a modern twist to contract law by confirming that a simple thumbs-up emoji (👍) can indeed constitute a valid acceptance of contractual terms. Read more about it here.
Can You Evict a Housemate?
Living with housemates can be a rewarding experience, but what happens when tensions rise and conflicts become unmanageable? Read more about it here.
Divorce
A divorce legally constitutes the end of a marriage, and generally requires certain things.
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.
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.
Why Pleadings are Important
Let’s imagine we are at NCAT for a home building dispute for a homeowner who has paid most of the contract price but has received very little home building works from the builder.