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  • Article

    Off the Plan purchases: the risks and a possible solution

    Almost every Off the Plan contract provides the vendor with flexibility to vary the plans, including the areas of units.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    When does retail leasing legislation apply in Victoria? – CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017] VSC 23

    This recent case in the Supreme Court of Victoria further broadened what can be considered a "retail shop" in Victoria.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Avoiding Adverse Action: Dealing with Employee Enquiries

    Since the passage of the Fair Work Act (2009), employers have been obliged to consider the myriad of changes enacted by the legislation, particularly in relation to the National Employment Standards and the expansion of the Unfair Dismissal jurisdiction. However, it is perhaps the new General Protections available in relation to ‘adverse action’ and ‘workplace rights’ that ought to demand the most attention from employers. The potential for the exercise of workplace rights to be followed by adve
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Navigating exclusion clauses in Australian travel insurance claims: understanding Section 47 of the Insurance Contracts Act

    Exclusion clauses help manage risk in travel insurance, but Section 47 of the Insurance Contracts Act 1984 ensures they are used fairly and clearly communicated.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The danger of data: How data breaches can cost retailers

    Retailers should be alert to these new reporting requirements and also the broad scope of information that is covered.
    AustraliaPrivacy
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Buying Property In NSW? We Can Help!

    A property lawyer or licensed conveyancer (collectively “Property Law Specialist”) assists with buying and transferring property in NSW.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Grapes of wrath on the not so silky road: squatters, winemakers and lessons to be learnt in pursuing trademark protection in the People’s Republic of China

    Despite its business appeal, many foreign and Australian companies have discovered the hurdles of Chinese trademark law.
    ChinaIntellectual Property
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Section 83C update: Draft regulatory framework and new "Not-for-profit Guidelines for Non-government Schools" released for public consultation

    For financial assistance, a non-government school in NSW must not operate for profit, (section 83C of the Education Act).
    AustraliaConsumer Protection
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Liability of sporting clubs and associations in claims of harassment, sexual abuse, hazing or bullying

    Sporting clubs and/or associations have a duty to ensure that systems are in place to handle any complaints from members.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case summary: BYM v The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane (No 2) [2024] QSC 106

    A 33-year-old woman alleging that she was sexually assaulted in 1999 whilst a student at a school in Queensland.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case Summary: Jens v The Society of Jesus in Australia Limited

    It was concluded that legal barriers at the time materially impacted on the Plaintiff entering a settlement deed.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Vicarious liability for abuse of students by staff and others

    The Court awarded more than $2.6 million in damages for abuse, the highest award for institutional abuse in Australia.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    How sporting clubs can protect their members from sexual abuse

    Sporting Clubs and Sporting Associations can be held liable for harm to child members by employees, coaches, and volunteers.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Compensation scheme announced for NT & ACT Stolen Generation survivors

    Unlike with other States, NT and ACT Stolen Generation survivors have been unable to access any type of redress scheme.
    AustraliaGovernment, Public Sector
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    No Place for L Plates – The importance of having an expert assist you with your total and permanent disability claim

    It is difficult to appeal a TPD insurance claims manager's decision, so your initial claim should be carefully drafted.
    AustraliaInsurance
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The legal challenges of cross-border incapacity

    Australia is not currently a signatory to the 2000 Hague Convention on the International Protection of Adults.
    AustraliaInternational Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case summary: El-Kazzi v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 591 (21 August 2024) – were medical treatments reasonable and necessary?

    Claimants must take care to establish not just a connection between the motor vehicle accident and their proposed medical treatments.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Do I really need a lawyer for my personal injury claim?

    Discusses the role of the insurer in compensation claims & the difference that independent legal advice can make.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    NSW Court Of Appeal Clarifies Misfeasance In Public Office: Tsakirios v State Of New South Wales [2026] NSWCA 132

    The NSW Court of Appeal’s decision in Tsakirios v State of New South Wales is an important recent authority on the tort of misfeasance in public office. While the appeal was ultimately dismissed, the Court provided significant guidance on the nature and limits of the tort.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Personal injury claims: what does our ‘No win – No fee to us' policy mean?

    'No Win – No Fee to us' means that you don't pay us anything if you don't win your case.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea

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