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What happens if I intentionally injure someone in order to protect myself and/or my family?

Case: Corowa v Winner & Anor [2019] QDC 135 Background On the 14 September 2009 Brenton Winner deliberately drove his vehicle onto the footpath and over the right foot of Isaiah Corowa in order to protect his fiancée and grandmother from being physically and verbally attacked. Corowa was taken to hospital and suffered four separate … Read more

Cyber-security and Legal Risks

In January 2020, Allianz published the results of their annual Risk Barometer survey[1], which identified cyber incidents as (for the first time ever) the most important global business risk. It affirms cyber-security issues increasingly taking precedent as a concern for businesses.  Under the header of this risk, Allianz reported the following trends which are of … Read more

A “Gentlemen’s Agreement’ : Will a handshake agreement release me from my obligations as guarantor?

The recent case of Harburg Nominees Pty Ltd & Anor v Deen [2019] QSC 291, highlights the weight courts will give to consistent evidence, reliable testimony and surrounding circumstances when considering whether an alleged representation has actually been made. In this case the Court found against the defendant who claimed he was not liable under … Read more

False and Misleading Statements or Representations in Retail Shop Leases

False and misleading statements used to enter into a landlord tenancy lease agreement can amount to compensation if proven by the tenant. The Retail Shop Leases Act 1994 (Qld ) provides “reasonable compensation for loss or damage suffered by the [tenant] because… the [tenant] entered into the lease, including a renewal or assignment of the lease, on the basis of a … Read more

Privacy And the Recording of Conversations

With the increasing prevalence of smart phones and other electronic devices, the recording of conversations in the workplace or school yard is becoming common practice. In many cases, it is legal for private conversations to be recorded without the knowledge of all participants. There is no obligation to obtain the prior consent of the other … Read more