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Legal Professional privilege is a protection vehicle of certain communications against being disclosed, which thereby assists the administration of justice. It provides clients confidence to make full and frank disclosure to their lawyers. There are three...read more
If you suffer a civil wrong, you will probably consider the question: ‘Can I get my money back?’. A large part of the answer may be found in a so-called freezing order, also known as a Mareva order or Mareva injunction. It is named after the second...read more
Walden v Danieletto  QDC 221 This case concerned an appeal against the decision of the Magistrate’s court to dismiss the appalment’s claim for damages for defamation. FACTS The respondent, who was the body corporate manager of the unit block, during...read more
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...read more
An insurance policy is a legally binding contract between an insurance company and an insurance consumer, which places a number of strict obligations on both parties. HOW IS THE INSURANCE INDUSTRY REGULATED? General insurance industry is governed by a...read more
(Be aware that your answer might void your insurance) INSURERS’ UNDERWRITING OF PEOPLE WITH MENTAL HEALTH ISSUES Mental Health, Discrimination and Insurance: A Survey of Consumer Experiences 2011 outlines the results of a survey which revealed great...read more
Am I liable for injury of someone, whom I employ to work on my property? Yes, you are. That is why we strongly advise you and every Queensland home owner to get a Household Worker’s insurance. Queenslanders who hired casual cleaners, babysitters, nannies,...read more
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...read more
The Estate of Colleen McCullough  NSWSC 1126 This case concerned the estate of the late Dr Colleen McCullough, a prominent writer. The matters at issue in the case was the validity of the will that assigned the whole of Dr McCollough’s estate to her...read more
Palmer v Palmer  QSC 217 In Palmer, a principal beneficiary under the trust applied to the court to replace his brother and join his son (who was in USA at that time) as a co-trustee of a trust and secondly, to have the appointor under the will’s...read more
Re: Estate of Carrigan (deceased)  QSC 206 Shortly before passing away the testator made a change to his will by declaring on an audio tape recording that each of his two children should receive 50% of his $6 million life insurance policies instead...read more
PM v Childrens Court of the Australian Capital Territory & Ors  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...read more