Civil Law

The process of registering a power of attorney in Queensland is governed by the Powers of Attorney Act 1998 (Qld). A power of attorney is a document which gives another person (the attorney) authority to make financial and /or personal decisions on your behalf (the principal). For more general information, read Power of Attorney in…

Bad debt is when you have borrowed money and do not make the required repayments or fail to repay the loan. Under the Australian consumer credit law, a lender is known as a credit provider and it can be a bank, credit union or other finance company. When you borrow money for a non-business reason…

Written by Kathryn Wielinga and Brendan Walker-Munro Drones, also known as Remotely Piloted Aircraft (RPAs) or Unmanned Aerial Vehicles (UAVs) first drew attention when they were used during the war in Afghanistan. But drones are becoming smaller, lighter and cheaper – you might know someone who owns a drone. In 2015, Amazon successfully delivered its…

Alternative Dispute Resolution in the Australian Capital Territory (also referred to as ADR) is a system of resolving disputes outside of courtrooms. Australia has a nation-wide system for ADR in its Federal Courts. ADR can help people resolve a dispute before they go to court. It is usually faster, cheaper, and does not have to…

Trespass in the ACT is considered a civil dispute or tort. This means you can sue and be sued for trespass, and the court must be satisfied on the balance of probabilities that the trespass occurred. Trespass in the Australian Capital Territory is a type of civil action A trespass is also known as ‘actionable…

Probate in Western Australia is governed by the Administration Act 1903 (WA). To receive a grant of Probate in WA, there must be a Will made by a person (called a ‘testator’) that nominates another person to administer the Will (called an ‘executor’), which specifies which people are to benefit under the Will (called ‘beneficiaries’).…

An executor is the person responsible for administering a deceased person’s estate.  When a person (referred to as the testator) makes a Will, they will usually nominate at least one person as an executor.  Under the Succession Act 1981 (Qld), the term “personal representative” is used, as it refers to both executors and administrators. More…

Consumer claims in South Australia are mostly handled by Consumer and Business Services (CBS) which forms part of the Attorney-General’s department. There are however, a range of statutory bodies which have also been established to deal with consumer claims in SA. These include the Australian Competition and Consumer Commission (the ACCC) the Telecommunications Ombudsman which…

Australia’s Westpac Banking Corporation, National Australia Bank, Bendigo and Adelaide Bank, and the Commonwealth Bank of Australia have been stopped in their tracks negotiating with Apple on its Apple Pay service. The story so far is that the banks lodged a notice to the Australian Competition and Consumer Commission (ACCC) seeking permission to negotiate together…

Copyright is a form of legal protection, to make sure others cannot use an author’s or creator’s work without their permission (or without a reasonable defence). Copyright in Australia is regulated by the Copyright Act 1968. Copyright exists automatically. This means that there is no need to register or apply for Copyright and there is…

A power of attorney in South Australia is a legally binding document which gives someone the power to act as your agent and make decisions on your behalf. In SA, the document is referred to as a ‘Deed’, the person making the power of attorney is known as the ‘donor’ and the attorney is referred…

Before undergoing a medical procedure in New South Wales, your doctor must obtain your consent. This is because of the principle that everyone has an inviolable right to decide what happens to their body. The Guardianship Act 1987 and Children and Young Persons (Care and Protection) Act 1998 are the relevant pieces of legislation governing…

An injunction, which can also be referred to as a restraining order, is a court order that makes or prevents a person from acting in a certain way. Injunctions form part of the trial process and are not a cause of action in of themselves. This means that an originating application, such as an application…

Giving a power of attorney in Queensland to someone can be a difficult but important decision. The giving of a power of attorney to someone else allows that person to make personal, and possibly financial and medical decisions for you. The Queensland government provides some useful information about the laws on Power of Attorney on…

The Australian Red Cross announced on 28 October 2016 that it had become aware of a file containing over 550,000 Australian donors’ personal information had been made publicly accessible. According to reports, the information was available from 5 September 2016 to 25 October 2016. As far as the Australian Red Cross is aware, the data…

The Working with Children Check in NSW (New South Wales) falls under the Child Protection (Working with Children) Act 2012 and is overseen by the NSW Office of the Children’s Guardian (OCG). As of 15 June 2013, all employees and volunteers over 18 who begin working face-to-face in child-related work are required to undergo a…