Civil Law

Whilst Australia has legislation prohibiting discrimination on the basis of sex, age, race and disability, it does not currently have anti-discrimination laws protecting religious freedom. In recent weeks, liberal MPs have been calling for a Religious Discrimination Act to be passed, following the same model as existing anti-discrimination legislation, which forbids discrimination in employment and…

It is no secret that legal proceedings are time consuming and expensive whether you are the one making the claim or the one defending a claim. It is therefore often the case that the best option for all parties is resolving civil disputes without commencing legal proceedings. In saying that however, resolutions can occur even…

In New South Wales, the Guardianship Act 1987 governs the appointment of guardians for adults with a decision making disability. Under guardianship orders, the guardian can make decisions affecting the disabled person’s health, accommodation, support service and other general lifestyle matters. The Guardianship Act is based on the following principles: The welfare and interests of…

Under legislative changes proposed by the Andrews government, Victorians will be able to change the sex recorded on birth certificates without the need to undergo sexual reassignment surgery. The Labor government on Tuesday introduced a bill to allow individuals to nominate a gender to be listed on their birth certificate. This may be male, female…

Neighbourhood disputes can arise in relation to a range of everyday matters. One common problem is excessive noise caused by or coming from the property of a neighbour. If your neighbour is making excessive noise and you cannot resolve the problem by talking to them, there are a number of measures that you may need…

On the 12 June 2019, the High Court of Australia handed down its decision in the matter of the Australian Securities and Investment Commission v Kobalt. The case concerned whether the provision of ‘book-up’ credit to customers of the general store in a remote Aboriginal community amounted to unconscionable conduct. Unconscionable conduct is prohibited under…

Adult guardianship in Queensland is handled by the Queensland Civil and Administrative Tribunal (QCAT). QCAT can appoint a person as an adult guardian in respect of a person aged over 18 who has impaired decision making. Guardians have the authority to assist in making certain decision for the person under guardianship. Adult guardianship is governed…

A long-established principle of the common law is “de minimis non curat lex”, which translates as ‘the law does not concern itself with trifles.’ The de minimis rule has application both in civil and in criminal jurisdictions. It effectively means that the law should not get involved in circumstances where what has occurred is extremely…

This week the Voluntary Assisted Dying Act comes into force in Victoria. The act makes it legal for a person with decision-making capacity to choose to end their life with medical assistance. The act is the culmination of decades of debate as to whether voluntary euthanasia should be legalised. Many in the community have applauded…

When courts decide whether a matter has been proven, they do so according to a benchmark which the party initiating the proceeding must reach. This is commonly referred to the standard of proof. All forums, including courts and tribunals, must apply the appropriate standard of proof when deciding if a matter has been proven. The…

‘Nemo dat quod non habet’ means ‘no one can give what they do not have’. This is commonly referred to as the Nemo Dat Rule. Nemo Dat is the legal principle that a person who does not have adequate ownership of property or goods does not have the ability to transfer the ownership of that…

Treating people with mental illness involuntarily (without their consent) in Victoria is governed by the Mental Health Act 2014. The act provides that in certain circumstances, a person may be made subject to a compulsory treatment order. An order of this type compels a person to comply with treatment (usually taking medication) for a mental…

Rent from residential properties is a common sources of income for investors. Investment properties can, however, be a giant headache for landlords (also known as lessors) when terminating a residential lease and re-possessing the property because of an un-cooperative tenant. Tenants may breach their lease agreements in a range of ways, including by failing to…

If a child whose safety and welfare you are concerned about is the subject of child protection proceedings, it is important to understand the legislative framework. If your grandchild, niece, nephew or another child you care about has been removed from their parents’ care, you may be called to give evidence in court. As a…

Residential leases in Queensland are governed by the Residential Tenancies and Rooming Accommodation Act 2008. The act sets out the circumstances under which a residential lease may be terminated and the procedure for termination. When a party is breaking a residential lease without a specific reason, the party terminating it may be required to pay…

A tenancy agreement does not necessarily end when the property is sold. A purchaser buys a property subject to any lease agreement that is in place prior to the purchase. If a tenanted property is to be sold while the tenant continues to lease it, the landlord must take steps to ensure that the tenant’s…