Take the law…

The Civil Liability Act contains complex concepts of “obvious risk”, “inherent risk” and “dangerous recreational activity”. Nearly 8 years on, there remains a paucity of judicial guidance. (more…)

In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses and sobriety may still lead to substantial damages. (more…)

Yesterday’s damages award to the fiance of Sally Urquhart killed with 14 others when Transair Metroliner smashed into mountains on approach to Lockhart River (more…)

In May 2007 Bill Brannock was jetting off with a friend on a month’s from Brisbane to Adelaide. After being checked for boarding, the 84 yr old was directed (more…)

Given that the contract preparation and presentation processes under new PAMDA have been greatly simplified, lawyers are soon likely to turn their attention (more…)

Even in its death throes, the PAMDA monster is revealing it has no intention of fading quietly. Solicitors acting for sellers have been warned to expect a flood (more…)

Fair Trading minister Peter Lawlor’s official reason – put forward in his “Explanatory Notes” to the amending legislation – for axing the absurd PAMDA warning (more…)

After next month, PAMDA’s new chapter 11 will only allow termination on one ground – if a buyer proves they were not given (more…)

Rule 43 of the consultation draft of the National Legal Professional Solicitors Rules 2010 refers to “Dealing with the regulatory authority”. Rule 43 (1) specifies that:- (more…)

In April 2007 a buyer walked into a real estate office to make an offer on a Q1 Penthouse at Surfers Paradise for $8.5million. (more…)