Civil Law

Public nuisance The offence of public nuisance in Queensland is governed by the Summary Offences Act and is defined as ‘behaving in a disorderly, offensive, threatening or violent way’ where this interferes, or is likely to interfere with the enjoyment of a public place by the public (Section 6). To be found guilty of this…

The Australian Consumer Law is the principal consumer protection law in Australia. It applies in the same way nationally and in every state and territory. Under the Australian Consumer Law (ACL), businesses are not to engage in misleading or deceptive conduct or conduct which is likely to mislead or deceive the consumer (Section 18).  A…

Unlawful dismissal, not to be confused with unfair dismissal, occurs when a person is terminated from employment in circumstances which have been expressly made unlawful. Claims for unlawful dismissal are made under the Fair Work Act and are made to the Fair Work Commission by completing this form. Even if you are employed by local…

The most common dispute that arises in employment law surrounds dismissal. Unfair dismissal claims may concern the manner of dismissal or the reasons for the termination. A finding of unfair dismissal does not require the action to have been unlawful. It is based on the termination being harsh, unjust or unreasonable. In circumstances where an…

What is a default judgment? A default judgment is a judgment delivered by the court in favour of a Plaintiff because of a Defendant’s failure to comply with the procedural requirements of the court. For example, if the court orders the Defendant to file its defence by a certain date and it fails to do…

Context More than 95% of civil matters are resolved without proceeding to a civil trial. It is, however, important to be aware of the procedures involved in a civil trial so that you are prepared in the event your matter does not resolve and a trial is necessary. This primer provides a summary of some…

Over the past decade, with the interception of technological advances, the legal profession has faced significant disruption resulting in major shifts in the nature and mode of legal work. Information technology and the internet, non-lawyers competing in the legal marketplace, and costs pressure on lawyers are factors causing a change to both the role of…

Common law plays an important role in the protection of citizen’s democratic rights and freedoms. In Australia, subject to the Constitution the Commonwealth Parliament generally has the power to make laws that encroach on common law rights and freedoms. The courts’ role involves an important application of the rule of law when interpreting legislation that…

The New Gift Card Regime Changes to the Fair Trading Act 1987 (NSW) will introduce a new mandatory minimum expiry period of three years for most gift cards and vouchers sold in New South Wales from 31 March 2018. The new legislation will apply to cards and vouchers sold both in-store and online. The State…

The Succession Act 1981 (Qld) governs the principles in relation to making a Will in Queensland, including when a person hasn’t the testamentary capacity to do so themselves. The provisions of other legislation such as the Power of Attorney Act 1988 (Qld) and the Trusts Act 1973 (Qld) may also operate when dealing with more…

Notwithstanding obvious concerns around what is considered a satisfactory construction of terms within a solicitor’s Costs Agreement and any related charge documents, the history of the law across different jurisdictions in relation to the reasonableness (or otherwise) of legal fees has been discussed repeatedly over the last several decades. First, it is important to note…

Preferential Payments to Creditors Often clients will seek legal assistance following a demand from a liquidator. A liquidator demand seeks repayment of funds received from a company that has been deemed insolvent and the liquidator in question has been appointed to wind up the firm. Where the liquidator has deemed that a payment of money…

Australian Consumer Law and Used Vehicles The application of Schedule 2 of the Australian Consumer Law (ACL) to the purchase of used vehicles has been the subject of considerable judicial scrutiny, even during the era of the Trade Practices Act 1974 (Cth). The interpretation of “acceptable quality” and “rejection period” has caused some turmoil for consumers…

Context Increasingly, people are commencing a minor case claim in the Western Australian Magistrates Court without first seeking legal advice. Self-representation is fraught with significant danger for the unrepresented litigant. A misunderstanding of the law, the legal process, or the Court’s procedures will quite possibly result in an unsuccessful litigation, with the applicant ultimately ordered…

Demands on Liquidity in Commercial Leasing When entering into a lease agreement, either commercial (retail or industrial) or residential, the ‘lessee’ (the person leasing the premises for use), may be able to provide bank guarantees to meet their financial liabilities to the lessor (‘landlord’). These can include, but is not restricted to, an advance on…

By Alicia Chisholm, GTC Lawyers During an initial consult, a client presented the following scenario: The client had engaged a local small business in Melbourne (Business) to complete a service at their home.  The service was completed to the client’s satisfaction and the Business emailed an invoice to the client for $3,000.00 from the only…