When the court has reviewed the parties’ evidence, a verdict is delivered in the matter. A discontent party may appeal against the court’s order. However, the right to do so is limited, such as to errors of law. Different rules apply to orders made in different courts. Procedure Verdicts delivered by the Small Claims division...Read More

A corporation, as a separate legal entity, can sue and be sued in its own name, meaning that the company is responsible for its own liabilities and debts. In general, this means that the directors are not personally liable for the company’s affairs. Directors have to make use of their powers and perform their duties...Read More

What happens when a lessee walks away from a lease? A lease terminates on abandonment by the lessee. However, a lessee cannot simply walk away from a contract without consequence. The lessor can apply to the Magistrates Court for an order to repossess the premises and for compensation for damages caused to the lessor as...Read More

Search Warrants: When are they needed? A police officer is only able to remain in a dwelling house for the purpose of investigating an alleged domestic violence offence if allowed to remain by the occupier of the premises. The police officer is able to enter on the invitation of a person who apparently resides at...Read More

Definition Liquidation, or “winding up”, has to do with solvency and insolvency. A company is solvent if it can pay its debts, and insolvent if they cannot. When insolvent and unable to pay its obligation, a firm’s assets are liquidated, meaning they are divided among shareholders and creditors. When this occurs, a liquidation officer is...Read More

Definition: Mediation is a process where a neutral and independent person (a mediator) helps the parties in a dispute reach an agreement. Therefore, the mediator may be appointed by a court or in private. It is an alternative to the adversarial judicial system of dispute resolution. If an agreement is reached at mediation, this may...Read More

Elements of an enforceable contract In order for a contract to be enforceable the following essential elements must be present: Agreement (Offer & Acceptance);Consideration;Contractual Intention; andLegal Capacity. Generally, there are no requirements as to the form of a contract in order for the contract to be enforceable. As a result, a contract may be written...Read More

The majority of people using the internet do not seem to care about the random use of their personal data. But Privacy Law gets a new assignment because of the infinite possibilities to collect and link data on the internet. That implies the necessity of limitation and law regarding the security of online data. Personal...Read More

The Process of Recovering Outstanding Debt The process of recovering outstanding debt in NSW is composed of multiple stages. After a certain period of time passes with no/insufficient payments being made towards the debt owed, you can commence a court action by lodging an Ordinary Statement of Claim or a Statement of Liquidated Claim in...Read More

Search The New South Wales police have statutory powers relating to the questioning, arrest and search of persons suspected of having committed a criminal offence. Three are also laws in places that protect the individual’s rights by providing safeguards that police must follow when exercising such powers. Before or as soon as reasonably possible after...Read More