Caveats and costs agreements in NSW raise important legal and ethical issues for solicitors seeking to secure unpaid fees. Under the Real Property Act 1900 (NSW), a person may only lodge a caveat if they claim a legal or equitable interest in land. A debt alone—such as unpaid legal fees owed to a solicitor—does not …
Caveats and Costs Agreements in NSW – Securing Fees or Overstepping? Read More »
Introduction On 11 December 2024, the High Court of Australia delivered a landmark decision in Elisha v Vision Australia Ltd [2024] HCA 50. For the first time, the decision recognises that psychiatric injury in employment contracts can give rise to damages for breach. The judgment overturned more than a century of common law authority, rejecting …
Farewell Addis: High Court Recognises Psychiatric Injury in Employment Contracts Read More »
Australia’s First Serious Invasion of Privacy Tort Has Landed (And It’s About to Get Messy) On 10 June 2025, Australia quietly flipped the switch on a major new legal right: individuals can now sue under a serious invasion of privacy tort. It’s a landmark change in a country that, until now, didn’t give people a …
Serious Invasion of Privacy Tort Lands in Australia: What It Means for Your Business Read More »
As technology and informal communication tools increasingly shape daily life, courts more frequently consider whether a handwritten note, text message, or phone app entry constitutes a valid will. In one recent case, Peek v Wheatley [2025] NSWSC 554, the Supreme Court clarified when a document that lacks formal will requirements still qualifies as a person’s …
Can a Note Be a Valid Will? Supreme Court Rules on iPhone Note in Peek v Wheatley Read More »
The transition from AAT to ART marks a significant development in Australia’s federal administrative law framework. The Administrative Appeals Tribunal (“AAT”) was the primary merits review body at the Commonwealth level and allows for the review of decisions made by government departments and agencies or specialist merits review bodies under 400+ Commonwealth and Norfolk Island …
Beyond the Acronyms: Understanding the Transition from AAT to ART Read More »
Introduction The COVID-19 pandemic created an unprecedented disruption across the commercial landscape, raising fundamental questions about the doctrine of frustration in Australian contract law. In particular, parties queried whether government-imposed restrictions could justify termination of a contract. In Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6, the High Court of …
Trustees’ Duty to Consult Under Section 66H When Appointed Under Section 66G When the Supreme Court appoints statutory trustees for sale under section 66G of the Conveyancing Act 1919 (NSW) (“the Act”), those trustees assume the ordinary fiduciary duties of trustees toward the co-owner beneficiaries. One key obligation is the trustees’ duty to consult under …
Trustees’ Duty to Consult Under Section 66H: Recent Judicial Guidance Read More »
The Copyright Act 1968 (Cth) primarily governs copyright law in Australia and aligns with international Intellectual Property (IP) standards. The legislation grants creators exclusive rights to control the use of their original works and incorporates mechanisms that permit certain public uses. These balancing provisions—such as the fair dealing exceptions—ensure that copyright law does not stifle research, …
Understanding Copyright Law in Australia: Fair Dealing, Ownership and Protected Works Read More »
On 26 March 2025, the Supreme Court of New South Wales ruled on rental bond regulations in NSW in ZeroBonds Residential Pty Ltd v Commissioner for Fair Trading [2025] NSWSC 265.Brereton J considered sections 23 and 32 of the Residential Tenancies Act 2010 (NSW). In doing so, Brereton J determined whether two novel financial products—the “Bond Replacement Product” and …
Rental Bond Regulations NSW: Kyle Sandilands’ ZeroBonds Products Breach Tenancy Law Read More »
Introduction Challenging foreign judgments in Australia involves a formal process governed by the Foreign Judgments Act 1991 (Cth). If the debtor lives or holds assets in Australia, you must register the foreign judgment first. Enforcement cannot begin until registration occurs. Registration gives the foreign judgment domestic effect, allowing the creditor to recover the debt through …
Out-of-Country, Out-of-Luck? Challenging Foreign Judgments in Australia Read More »
© 2024 Jake McKinley. All Rights Reserved