Litigation

Defamation is commonly regarded as an imputation or assertion which would cause ordinary, reasonable members of society to think less of someone. It must be published and it must be untrue. Previously, to “publish” such an imputation or assertion required the physical printing and dissemination of a document but, with the wider reach and influence of online platforms, … Read more

Case Note: Richardson v Wagner [2021] QDC 24 In the immortal words of William Shakespeare’s ‘Hamlet’: “Neither a borrower nor a lender be; For loan oft loses both itself and friend, and borrowing dulls the edge of Husbandry”[1]. Put simply – loans and relationships often do not mix well. This principle was clearly on display … Read more

‘WP’ and Secretary to the Department of Home Affairs (Privacy) [2021] AICmr 2 (11 January 2021)[1] – DHA Breaches Privacy Act Earlier this month, the Office of the Australian Information Commissioner (AOIC) determined and declared that the federal Department of Home Affairs (DHA) had breached the privacy of 9,258 individual asylum seekers living in various … Read more

In Solomon Woldeyohannes v Zion Church in Melbourne Australia Inc [2020] FWC 4194, a relationship breakdown occurred between the Zion Church in Melbourne (“the church”) and one of its pastors, Solomon Woldeyohannes (“the applicant”). As a result, a claim for unfair dismissal under the Fair Work Act 2009 (Cth) (“the Act”) was made. On 11 … Read more

If you’ve ever entered into a consumer agreement only to find yourself with a product or service that falls utterly short of what was promised, it’s possible that you were misled or deceived into entering into the agreement. By section 18 of Australian Consumer Law (ACL), it is stated that in “trade or commerce”, a … Read more

Whether your business is struggling to pay its creditors due to the impacts of COVID-19 or for any other reasons, a looming question arises as to whether there are any options that can be undertaken to save your business. One such option worth exploring is a process called Voluntary Administration (“VA”). What is VA? VA … Read more

In litigation, the primary role of a judge is to interpret legal texts. In fact, it is estimated that interpreting legal texts comprises 90% of their work. There are many rules that are applicable to the interpretation of contracts, including: Ejusdem generis: a rule for interpreting statutes and other writings by assuming that a general … Read more

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 In a decision on Monday, 1 June 2020, the NSW Court of Appeal held that news outlets were liable as “publishers” for readers’ Facebook comments partially because they “encouraged and facilitated” comments by setting up public Facebook pages. … Read more