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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 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,...
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 unreasonably...
Religious Terms in Contracts

Religious Terms in Contracts

Elkerton and Willcocks (in their capacity as Administrators of South Head and District Synagogue) (Sydney) (In liq) v Milecki [2018] NSWCA 141 SUMMARY  Religion, whilst having a strong influence on society, may have no place in the law of contract. The Australian...
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 pursuance of...
Bail and its Conditions

Bail and its Conditions

El Sayed, Bassem 2017 VSC 563 OVERVIEW Bail as a concept in law, means an accused is granted release from custody from officers of the law (the police) and into the custody of a person that is normally known to the accused. The accused make an undertaking that he/she...
Duty to Prevent Assault at Work

Duty to Prevent Assault at Work

Brisbane Youth Service Inc v Beven [2017] QCA 211 (16/8547) OVERVIEW Any organisation has a duty to prevent its employees, customers, consumers and volunteers from suffering damage (ie. personal injury, property damage or financial loss). If the organisation breaches...
Broker’s Proactive and Reactive Duties

Broker’s Proactive and Reactive Duties

Kotku Bread Pty Ltd v Vero Insurance Ltd and Anor [2012] QSC 109 OVERVIEW Risk Management is defined where any organization has an obligation to identify and assess foreseeable hazards, and take steps to eliminate or control the risk. It is the process of identifying...
See a Solicitor First

See a Solicitor First

SABIDUSSI V YOUNG & ANOR [2017] QDC 146 OVERVIEW A person who injured in a motor vehicle accident can make a claim for compensation depending on the circumstances of the accident. If you’re involved in a car accident, there may be some legal obligations to attend...