court Articles
Defending a Negligence Claim in Court
August 1st, 2014 by | Court Disputes
Whether you are in some relationship that attracts a legal duty of care, the question of negligence may arise when something goes wrong. Because of legislative changes on negligence claims, it is now more likely that a Plaintiff making a claim for damages will cast the net widely in an attempt to rope in anyone… Read more »
Defending a Breach of Contract Claim in Court
August 1st, 2014 by | Court Disputes
Some hundreds of years ago, the common law created the simple and radical concept of an action for breach of contract. If a legally binding contract has been created, and a party either fails to discharge his or her obligations under the contract or repudiates the contract, the other party may take action in respect… Read more »
Court Pre-Action Investigations
June 21st, 2013 by | Court Disputes
What if you know someone has (or may have) done you (legal) harm but you don’t know what or who? There may be instances where you either do not know who to sue or whether you have a proper cause to sue. In such cases, the Law may allow you to seek information from a… Read more »
10 Ways to Avoid a Discrimination or Harassment Claim
November 21st, 2012 by | Court Disputes, Employment
Although the Australian Government is considering streamlining Federal legislation in this fertile area, workplaces are, at least at present, subject to: Equal Opportunity Act 1984 (SA); Fair Work Act 1994 (SA); Age Discrimination Act 2004 (Cth); Disability Discrimination Act 1992 (Cth); Sex Discrimination Act 1984 (Cth); Racial Discrimination Act 1975 (Cth); Australian Human Rights Commission… Read more »
A Defamation Apology Can Reduce Damages
November 1st, 2012 by | Defamation
The law of defamation is clear enough in theory, but technical and complex in practice. The Defamation Act, adopted in most Australian States, offers important steps for apologising and making amends that may substantially reduce damages for defamatory publications. However, before offering a defamation apology, it is incredibly important that you seek legal advice from… Read more »
When Only an Injunction Will Do
November 1st, 2012 by | Court Disputes
Whilst civil court actions most often decide whether to award damages or compensation, sometimes they are asked to order an injunction, which is an order telling someone either to do something or stop doing something . For example, say a tenant of a large display shop with enormous fixtures and fittings has a lease for… Read more »
Security for Costs as a Sword or Shield in Court Disputes
October 18th, 2012 by | Court Disputes, Debt Collection
If you or your company take legal action against another person, they may ask you to provide ‘security for costs’. You might have to pay a sum of money into the Court or provide a bank guarantee or other form of assurance that if you lose, the other party can recover money towards its legal… Read more »
Can a Judgment Be Set Aside?
October 6th, 2012 by | Court Disputes, Debt Collection
If someone gets a default judgment for a money sum against you, it means that, without a trial, a Court concluded that you got the summons but had no defence, or chose not to fight the claim. But what if you do have a defence and overlooked responding in time? Or perhaps the summons went… Read more »
Legal Professional Privilege – It’s Your Privilege
October 4th, 2012 by | Court Disputes
When your lawyer writes you a confidential letter giving advice in relation to a legal matter or communicating about a legal dispute, or you send your lawyer an email seeking advice, it will generally be protected by legal professional privilege. By ‘protected’, the Courts mean that these documents can’t be used against you. In fact,… Read more »
Time Limits Apply to Most Legal Actions!
September 12th, 2012 by | Court Disputes, Debt Collection, Injury Compensation Claims, Wills & Estate Planning
You should be aware that there are time limits on certain Court actions. If you fall outside those time limits, your ability to pursue a remedy in Court may be lost (‘statute barred’). Examples of certain claims and the time limits that apply in South Australia: Breach of contract: 6 years after the date of… Read more »
How to Secure Payment of a Judgement Debt
September 11th, 2012 by | Court Disputes, Debt Collection, Finance & Securities
So you have finally got a judgment against a person for the sum of money that he owes you. The next step is to actually realise the money and often that can take time. The Problem: Say that while you negotiate a payment plan for your judgment sum to be paid to you, the debtor… Read more »
Judicial Bias
September 6th, 2012 by | Court Disputes
What if you are involved in a court case and get a sinking feeling the Judge is against you? For example, the Judge gives a ruling in favour of a company on the other side, where he or she has thousands of shares in that company? Or he is married to that company director’s sister. … Read more »
