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What is Legal Professional Privilege?

What is Legal Professional Privilege?

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 types of...
Freeze!  I Have an Injunction!

Freeze! I Have an Injunction!

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 reported case in...
It is the Will of the Writer …

It is the Will of the Writer …

The Estate of Colleen McCullough [2018] 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 husband Mr...
Assertion of Unpaid Debt Defamatory?

Assertion of Unpaid Debt Defamatory?

Walden v Danieletto [2018] 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 an...
Aspects of Insurance that Everyone Should Know

Aspects of Insurance that Everyone Should Know

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 number of...
Are you alright?

Are you alright?

(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 difficulties faced...
Replacing a Trustee and Removing an Appointor

Replacing a Trustee and Removing an Appointor

Palmer v Palmer [2018] 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 testamentary...
A Tape Recorded Will Alteration?

A Tape Recorded Will Alteration?

Re: Estate of Carrigan (deceased) [2018] 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 of his wife,...
Household Workers’ Insurance

Household Workers’ Insurance

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, gardeners,...
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 estate...