Interpreting Contracts: More Art Than Science?

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

DEFAMATION: Watch out for Trolls!

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

Could Contract Frustration Save Your Business from Coronavirus?

The effect of the coronavirus on our local economy is devastating. The hospitality and tourism industry has ground to an unprecedented halt, interstate travel in Queensland is now strictly prohibited, and individuals are being urged not to leave home unless absolutely necessary.  Corney and Lind Lawyers is committed to helping our clients navigate the vast … Read more

COVID-19 UPDATE – Public Gatherings

Restrictions on Public Gathering Last night Prime Minister Scott Morrison announced that the previous public gathering limit of 10 people has been reduced two. Mr Morrison stated that it will be up to State and territories to “determine whether they proceed to make this an enforceable limit in the same way that the 10-person limit … Read more

COVID-19: Further restrictions on businesses, gatherings and travel (as of 25 March 2020)

As quickly as the pandemic that is COVID-19 has seemingly spread across our states, just as quickly have governments on all levels scrambled to enforce and encourage new restrictions on the personal and business lives of all Australians. On Sunday night last week (22 March 2020), Premiers and Chief Ministers held National Cabinet with Prime … Read more

How is COVID-19 going to affect your legal matter?

In an attempt to prevent the spread of coronavirus across Australia, numerous business and services have begun to change the way they conduct their day to day operations. The legal system is not immune to the coronavirus pandemic and has employed certain measures to ensure the safety of staff, clients and the wider community. The … Read more

Practical Guide to the Notifiable Data Breaches Scheme (NDBS)

Background The NDBS was established in 2017 under an amendment to the Privacy Act 1988 (the “Act”).  It is monitored, regulated and enforced by the Office of the Australian Information Commissioner (OAIC). Does the NDBS apply to me? Entities covered by the NDBS include all entities that have existing obligations under Australian Privacy Principle (“APP”) … Read more

Lease Dispute, rent and QCAT

A Lease Dispute case note: Fu Manchu Dining Pty Ltd V SP (QLD) Pty Ltd [2019] QCAT 394 The Facts Fu Manchu Dining Pty Ltd (applicant) entered into a lease on 1 November 2015 with SP (QLD) Pty Ltd (respondent) to operate a restaurant from premises owned by the respondent. The applicant claimed: Rental offset … Read more