Civil Law

As businesses shut down or reduce their operations due to the spread of COVID-19, parties to commercial contracts may be seeking to resile from their contractual obligations. One way a party to a commercial contract may be excused from performing all or some of its obligations is through reliance on a force majeure clause. This…

The use of drones for recreational, as well as commercial, purposes in Australia is becoming more and more common. Drones have been used in Australia for law enforcement, by the media and by scientists.  The laws surrounding drone use are set out in the Civil Aviation Safety Regulations. However, some aspects of drone use raise…

Bankruptcy proceedings are a method of enforcing judgment debts that involve the defendant being made bankrupt. Bankruptcy can affect a person’s ability to travel overseas, their employment and any business they may own. Bankruptcy can also affect your ability to obtain credit and your overall credit rating. Credit reporting agencies keep a record of bankruptcy…

The Queensland parliament passed the Human Rights Act 2019 on 27 February 2019. Queensland is only the third Australian jurisdiction to pass human rights legislation, along with Victoria and the ACT. Whilst Australia is a signatory to numerous international human rights treaties, these have not been incorporated into Australian law through federal legislation. The passage…

If you’ve ever had a dispute with your neighbour, chances are that it was in relation a dividing fence. Dividing fence disputes are one of the most common civil law disputes and it is not uncommon for people to be involved in one or more of them in their lifetime. This article will outline what…

The laws surrounding appeals against decisions of the Supreme Court of New South Wales are set out in the Uniform Civil Procedural Rules and the Supreme Court Act 1970. Appeals against Supreme Court decisions are heard by the Court of Appeal, which is the highest appeal court in New South Wales. This article summarises the procedures involved in such…

Disagreements that arise between neighbours can often be resolved informally, by talking to your neighbour and letting them know how their actions are affecting you. When it is not possible to resolve a neighbourhood dispute face to face, there are various procedures that can be followed to let your neighbour know that action is required…

Neighbourhood disputes can often be resolved informally by talking to your neighbour and letting them know when their actions are affecting you. When this is not possible, the dispute may need to be taken to arbitration, to a Tribunal or to your local council. This article briefly outlines the procedures for dealing with different types…

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…