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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...
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 of Attorney...
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 can help...
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 Court,...