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Court Litigation News

FIRST HOME OWNER GRANT: HAVE YOU BROKEN THE LAW?

July 13, 2017

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)…

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CAR ACCIDENT: “IT WASN’T MY FAULT, SO WHY AM I LIABLE?”

February 19, 2017

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…

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BROKEN ENGAGEMENT: CAN I GET BACK THE RING?

December 29, 2016

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…

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GOOGLE SEARCH: WHAT IF I’VE BEEN DEFAMED?

November 28, 2016

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…

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WEDDING CANCELLED: CAN THE DEPOSIT BE REFUNDED?

October 24, 2016

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…

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THE PRINCE AND THE PRETENDER

August 22, 2016

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…

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FINANCIAL FRAUD: HITTING WHERE IT HURTS

August 4, 2016

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…

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IMPORTANT CHANGES TO MINOR CIVIL CLAIMS IN THE MAGISTRATES COURT

July 27, 2016

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.…

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IT’S A SIGN: NEIGHBOUR DISPUTE OVER A PLACARD AND A POOL

June 8, 2016

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…

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HAVING YOUR DAY IN COURT: IS IT WORTH IT?

June 8, 2016

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…

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