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Introduction Dividing fences are structures that separate adjoining properties. A dividing fence can be of any material (brick, paling, Colourbond, stonewall) or vegetation. Typically, a dividing fence runs along the boundary line but may be situated on one side if agreed upon by neighbours. In New South Wales, the responsibility for maintaining these fences is governed by specific legislation, the Dividing Fences Act 1991. This [...]
In our increasingly interconnected and technological world it is likely that you have seen news of several data and information breaches. Even if you are extremely careful in when and where you provide personal information there are other ways your information can be mishandled. For example, where you or someone you know may be completing a tenancy application. With this in mind, NSW Fair Trading [...]
S 474.17 Criminal Code Act 1995 (Cth) Criminal law has developed over hundreds of years to regulate the actions that people take, and to protect people from those who would do them harm. However, new challenges relating to this timeless principle have arisen with the advent of modern communication technologies. Contentious interactions between people have been argued over in court for longer than Australia has [...]
Section 106 of the Strata Schemes Management Act provides a statutory obligation on the Owners Corporation to maintain common property. If it is common property, the Owners Corporation must undertake the necessary repairs based on its obligations under s.106 of the Act. If, on the other hand, the damage is to lot property, the Owners Corporations obligation arises in circumstances where the damage is caused [...]
The Australian Competition and Consumer Commission (ACCC) has launched legal action against Woolworths and Coles separately in the Federal Court, accusing the supermarket giants of misleading consumers with false discount claims on hundreds of products. According to the ACCC, the discounts advertised by the supermarkets were allegedly not genuine and were misleading to shoppers. The ACCC became aware of this issue through consumer complaints and [...]
In an age of increased digital communication - whether it be via text message, or social media direct messaging - it can become increasingly confusing as to whether these digital message exchanges can constitute a legally binding agreement between two parties. In order to determine whether such an exchange is legally binding, it is important to consider whether , the exchange contains all of the [...]
The Federal Government has put forward proposed changes to parts of the Family Law Act 1975 (Cth) (the Act) that will influence how property settlements between separated couples are determined, introducing the Family Law Amendment Bill 2024 (the Bill) on 24 August 2024. The Bill’s aim is to clarify the court’s process when defining the parties’ property entitlements and codifying principles decided in case law [...]
In NSW, entering an early guilty plea of guilty can provide significant benefits. The timing of a defendant's guilty plea can also influence the sentencing outcome. Sentencing discounts are mechanisms used to incentivise early admissions of guilt, promote efficiency, and reduce the emotional and financial burdens of legal proceedings on the victims and the state. Defendants can receive a sentencing discount ranging from 1% to [...]
In an era where digital scams are increasingly sophisticated, scam protection in Australia is evolving as the government takes bold steps to safeguard citizens. New consumer protection laws are set to reshape how businesses handle scam prevention, fraud detection, and victim compensation. Let's explore what these changes mean for you and the companies you interact with daily. The Human Cost of Scams Imagine saving for [...]
The law regarding pets in New South Wales is largely confined to the Prevention of Cruelty to Animals Act and the Companion Animals Act. You may have noticed that specific dog breeds such as Corgis, Rottweilers, and Boxers now have long tails, unlike the docked or cropped tails that were common some years ago. This is because it is now illegal to dock or crop [...]
