Civil Law

In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on the basis of religion, but…

Costs, particularly legal costs, should be an important commercial issue that parties should take into account at all stages of a dispute or court proceeding. This is because costs can often amount to a significant portion of a party’s claim. In some cases, particularly in matters that arise in the lower courts, costs may even…

When a person dies with a valid Will, the Executors will usually apply for a grant of Probate. Probate is when the Supreme Court officially recognises the Will as legally valid and gives the authority to the Executors to start administrating the estate of the deceased. Two types of grants There are two other types…

A costs order is an order made by the court setting out who must pay the legal costs associated with the proceedings. Costs orders are regulated by statute and court rules. The most commonly used statutory provisions relating to costs orders are contained in the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules…

An executor is the person appointed in a Will to manage the estate of the Testator and to carry out their wishes in accordance with the will. In the event that the testator (person making the will) appointed more than one executor, and all appointed executors are willing and able to act, those executors will…

Wills and estates are legislated in Queensland under the Succession Act 1981. A family member may want to contest the will of a deceased if they do not believe they have been adequately provided for. This article describes the procedures for contesting a will and the grounds on which a will can be contested.  Contesting a grant…

Payment of a bond is generally required when renting a residential property. A residential tenancy bond is for the financial protection of the lessor, in the event the tenant breaches the tenancy agreement. Bonds are legislated under the Residential Tenancies and Rooming Accommodation Act 2008. This article outlines the process for refunding a bond at…

Fence disputes often occur between neighbours. They can relate to an existing fence, to the boundary lines of properties, or to retaining walls. Different legislation is applicable to different types of fence disputes. Fence disputes regarding fences which divide two neighbouring properties are governed by the Dividing Fences Act 1991. Boundary disputes are governed by…

This article concentrates on successfully claiming for compensation for damage caused by a motor vehicle accident in Queensland. Different laws apply in other states and territories. Property Damage If a motor vehicle is damaged in an accident, the owner of the motor vehicle has three choices available to them: 1.      Claim from their own…

Tree disputes generally occur between neighbours. In some instances, the tree may be obstructing a neighbour’s view. In most instances, proceedings are commenced because the tree or trees in question are causing damage to a neighbouring property. The legislation which governs tree disputes is the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). The Trees…

Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. Under Section 60 of the Transfer of Land Act, adverse possession can be the basis…

A report released on 11 October 2019 by the United Nations Special Rapporteur on extreme poverty and human rights has warned of the dangers of the digital welfare state. Digital welfare states are states, like Australia, that allow their social security system to be administered and automated by computer technologies without the involvement of caseworkers…

On 7 August 2019, the High Court decided the matter of Comcare v Banerji, which dealt with an employee’s claim that her dismissal from the Department of Immigration and Citizenship breached her constitutional right to freedom of political communication. Ms Banerji had used social media to criticise the department and individual employees within the department,…

A letter of demand is usually sent when a person is owed money and has tried unsuccessfully to get payment. It is usually the last step taken before commencing legal proceedings. A letter of demand states the amount owed, what it is owed for and when the amount needs to be paid. It often includes…

Estoppel is a judicial doctrine that exists in various common law jurisdictions. Its purpose is to achieve equity in contractual matters by preventing (estopping) a person from going back on their word. Estoppel can be argued where one party has relied on a promise or representation made by another party and suffered a detriment as…

In August it was revealed that the Queensland government had granted exclusive possession of tracts of land in the Galilee Basin to Indian mining company Adani. The decision had the effect of extinguishing the native title rights of the Wangan and Jagalingo people, who may now be forcibly expelled from their traditional lands. An Indigenous…