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Efficient Conduct of Civil Litigation

Efficient Conduct of Civil Litigation

Practice Direction Number 18 of 2018 Supreme Court of Queensland   Efficient Conduct of Civil Litigation SUMMARY The Uniform Civil Procedure Rules 1999 (Qld) (UCPR) are a set of rules and regulations to be applied during civil proceedings in the Supreme...

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Consent of Landlord

Consent of Landlord

Perry Park v City of Darwin [2018] NTCA 5 OVERVIEW Generally, a lease agreement between lessor and lessee provides specific circumstances within which a tenant may do things only with the landlord’s consent. While a landlord is statutorily prohibited from...

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Multiple Causes – One Excluded

Multiple Causes – One Excluded

Wiesac Pty Ltd v Insurance Australia Group Ltd (2018) 34(2) ILB 32 COMMENT This decision is an illustration of the way the court will construe a common ‘flood exclusion’ and its elements and, specifically, how using words capable of wider interpretation...

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A Duty of Care

A Duty of Care

Bunnings Group Ltd v Giudice [2018] NSWCA 144 OVERVIEW In tort law, a duty of care is a responsibility or legal obligation imposed on an individual or business that requires a standard of reasonable care to be adhered to while performing and in the...

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Child or Adult on Day Before Birthday?

Child or Adult on Day Before Birthday?

PM v Childrens Court of the Australian Capital Territory & Ors [2018] ACTSC 258 OVERVIEW The law distinguishes between children and adults. That said, it is interesting to compare reasons for decision in a criminal case with a civil case, say in wills and...

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Power of Attorney Risk Management

Power of Attorney Risk Management

INTRODUCTION The Power of Attorney is a legal status authorising an agent to make decisions on behalf of the principal in regard to matters relating to the principal’s welfare and/or administration of his/her finances. According to section 66 of the Powers...

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