What It Is and How to Get It Admitted in NSW Courts What Is Tendency Evidence Under the Evidence Act NSW? Tendency Evidence as the name suggests is evidence used to prove the defendant’s “tendency”. This evidence is excluded by the Evidence Act NSW 1995 but can be admitted if the court thinks that the...Read More

What to Do When Your Business Faces Defamation? Business defamation can devastate your company’s reputation and bottom line when false and damaging statements spread about your enterprise. Discovering that someone has made false and damaging statements about your business can be overwhelming. Whether it’s a malicious online review, social media post, or comments to your...Read More

Managing Insolvency and Legal Disputes Understanding corporate litigation, liquidation, and insolvency procedures is crucial for business directors and stakeholders facing financial difficulties or legal disputes. This comprehensive guide covers litigation management, insolvency options, liquidation processes, and statutory requirements that affect Australian companies. Whether your company faces litigation threats, insolvency concerns, or requires guidance on liquidation...Read More

Through Specific Performance Protecting your contractual rights is paramount for businesses and individuals alike. The most commonly adopted form of remedy is monetary compensation. While damages are the standard legal relief, there exists a far more compelling equitable redress “Specific Performance”: Turner v Bladin [1951] HCA 13. Specific performance is a court order which compels...Read More

Civil and Criminal Appeals When a court delivers a judgment, whether in a civil or criminal matter, the decision is not always final. In many circumstances, parties have the right to appeal. The appeals process allows a higher court to review decisions made by a lower court to ensure they are legally sound and procedurally...Read More

What is Mediation? Mediation is a process in which a neutral and independent third party, known as a mediator, assists disputing parties in reaching a mutually acceptable agreement. A mediator may be appointed either privately or by the court. This process serves as an alternative to traditional court proceedings, offering a less adversarial and more...Read More

Civil litigation proceedings provide a structured legal framework for resolving disputes in New South Wales. The civil litigation process follows a defined path, typically through the Local Court (claims up to $100,000) or District Court (claims up to $1,250,000). The Supreme Court has jurisdiction for claims over $750,000 and cases involving urgent instructions, complex legal...Read More

Oral contracts are legally binding in many situations, but proving their existence and enforceability can be challenging. Whether you’re entering a business deal, agreeing to services, or resolving a dispute, understanding how oral contracts work is essential for protecting your legal rights. What Makes Oral Contracts Enforceable? For any contract, written or oral, to be...Read More

The Process of Debt Recovery Recovering outstanding debt involves several procedural stages. If a obligor fails to make payment or makes only partial payments over a certain period, in New South Wales you may initiate legal proceedings in the Local Court or District Court, depending on the amount of the claim, by filing a Statement...Read More

In NSW, self-defence may be available as a defence to certain charges under section 418 of the Crimes Act 1900 (NSW). A person is not criminally responsible for an offence if they carry out the conduct constituting the offence in self-defence. Legal Elements of Self-Defence A person carries out conduct in self-defence if and only...Read More