Court Litigation News
FIRST HOME OWNER GRANT: HAVE YOU BROKEN THE LAW? – By Marwa Shabbar – It’s a scheme that has helped thousands of Australians to achieve their dream of home ownership. As property prices continue to rise, it’s become an increasingly important aspect of property transactions. But like all things, the nationally implemented First Home Owner Grant (FHOG)…Read More
CAR ACCIDENT: “IT WASN’T MY FAULT, SO WHY AM I LIABLE?” If my car is rear-ended in a chain collision, how can it be my fault? If I hit a car that pulls out in front of me when they were supposed to give way isn’t it their fault? The question of who is responsible…Read More
BROKEN ENGAGEMENT: CAN I GET BACK THE RING? – By Michelle Crichton – Who gets the ring when an engagement is broken? This was the issue in a recent case in the ACT. It raises interesting questions about whether engagement rings can be treated as gifts or as items that are held on trust until…Read More
GOOGLE SEARCH: WHAT IF I’VE BEEN DEFAMED? – By Glen Pearce – Have you ever Googled your own name and been concerned with the results? A Queensland man recently made a legal claim against internet giant Google, alleging that defamatory material that had been previously removed from its search engine had been made available again…Read More
WEDDING CANCELLED: CAN THE DEPOSIT BE REFUNDED? – By Elizabeth Burke – Most people expect that a “non-refundable” deposit is just that. If you don’t go ahead with your plans, you lose it. But after cancelling their wedding, a couple has successfully convinced a court that most of their deposit should be refunded. Background In…Read More
THE PRINCE AND THE PRETENDER – By Andrew Carpenter – We may all sleep a little easier after a recent decision of the South Australian Supreme Court, in which a fraudster was denied the chance to continue to defend a claim against him. The Court found that he had not produced any reliable evidence, despite…Read More
FINANCIAL FRAUD: HITTING WHERE IT HURTS – By Andrew Carpenter – It’s a classic Hollywood theme: loveable rogue scams unwitting victims and makes off with their hard-earned funds to enjoy a lifestyle of luxury. It’s an entertaining story-line, but if it happens to you in real life, the financial and emotional impact can be huge. What…Read More
IMPORTANT CHANGES TO MINOR CIVIL CLAIMS IN THE MAGISTRATES COURT – By Glen Pearce – Important new changes to the Minor Civil Claims Court in South Australia will see a significant reduction in the maximum amount of money that can be claimed. This is set to impact anyone who wishes to make or defend a small claim.…Read More
IT’S A SIGN: NEIGHBOUR DISPUTE OVER A PLACARD AND A POOL By Glen Pearce They say that good fences make good neighbours, but when it comes to swimming pools, that’s another story. In a decision of the District Court of South Australia, a disgruntled couple took a novel approach to air their grievances about the…Read More
HAVING YOUR DAY IN COURT: IS IT WORTH IT? By Andrew Carpenter Having your day in court does not mean that you’ll recover all or any of your legal costs, a court has decided. It’s a timely reminder for anyone thinking about commencing court action. How the case unfolded The case involved two companies: Daycone…Read More
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