For a free copy of the Guide to Buying a Home visit: https://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/657101.pdf
Sydney, Australia
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Tag Archives: LOWER NORTH SHORE
Motor Accidents Compensation Act 1999 (NSW)
ON 1 OCTOBER 1999, the Motor Accidents Compensation Act 1999 (NSW) commenced.
The Act introduced significant changes to assessment of damages for personal injuries arising from the use or operation of a motor vehicle in NSW. Such changes included:
- The establishment of the Motor Accidents Assessment Service (MAAS) of the Motor Accidents Authority, consisting of the Claims Assessment and Resolution Service (CARS) and Medical Assessment Service (MAS).
- The requirement that a s91 certificate be issued by CARS before court proceedings may be commenced.
- The requirement that CARS assess claims in which the insurer has admitted fault and that the assessments be binding on the insurer but not the claimant.
- The requirement that MAS assess medical treatment or permanent impairment disputes.
- Caps on damages for non-economic loss, domestic services and loss of earnings.
- Thresholds to entitlement to damages for domestic services and non-economic loss, including a greater than 10% permanent impairment threshold for non-economic loss.
- Abolition or damages for loss of services.
- Restrictions on damages for compensation to relatives.
- Restrictions on interest.
- Restrictions on legal costs.
Motor accident claims have also been affected by the subsequent enactment of the Civil Liability Act 2002 (NSW) and the Motor Accidents (Lifetime Care and Support) Act 1996 (NSW).
Sydney, Australia
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Seat belts became compulsory in NSW | 1 OCTOBER 1971
ON 1 OCTOBER 1971, the wearing of seatbelts became compulsory in New South Wales.
Sydney, Australia
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International Day of Older Persons
OCTOBER 1 is the United Nations International Day of Older Persons.
For more information visit http://www.un.org/en/events/olderpersonsday/ and https://www.humanrights.gov.au/news/events/international-day-older-persons-0
Sydney, Australia
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Legal disputes with neighbours
If you have a dispute with your neighbour, we recommend that you first take a look at Problems With Neighbours.
The publication covers the following topics:
- Noise complaints.
- Overhanging branches
- Pets
- Dividing fences
- Fence repairs
- Privacy
- Burning off
- Mediation
- Legal representation
Problems With Neighbours is a publication of the NSW Law Society as part of their Know Your Rights series.
For further information visit https://www.lawsociety.com.au/community/publicationsandfaqs/Problemswithneighbours/index.htm
Sydney, Australia
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O’Callaghan v Loder [1983] 3 NSWLR 89 | 30 September 1983
ON 30 SEPTEMBER 1983, the Supreme Court of NSW delivered O’Callaghan v Loder [1983] 3 NSWLR 89; [1984] EOC 92-023; (1983) 5 IR 320.
O’Callaghan was a junior lift attendant who sued the Commissioner for Main Roads for sex discrimination alleging sexual harassment.
O’Callaghan was unsuccessful in proving her allegations.
This was Australia’s first judicial decision on sex discrimination involving sexual harassment. It established the principle that sexual harassment is a form sex discrimination.
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Coles to publish notice that it broke the law
The Federal Court of Australia today delivered Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited (No 2) [2014] FCA 1022 (29 September 2014).
Chief Justice Alsopp declared that Coles Supermarkets Australia Pty Limited had from 1 July 2012 been breached the Competition and Consumer Act 2010 (Cth) by displaying the words “Baked Today, Sold Today” in circumstances where only some baking of certain products had taken place on the day on which they were offered for sale.
His Honour declared that the representations were false, misleading and deceptive.
It was ordered that Coles display corrective notices on their website and at their premises. Orders were also made to restrain Coles from engaging in similar conduct over the next three years.
Guidelines for Preparing an Enduring Power of Attorney
Guidelines for Solicitors Preparing an Enduring Power of Attorney is a useful publication of the NSW Law Society containing practical information for lawyers who prepare or witness the execution of an Enduring Power of Attorney.
Sydney, Australia
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Dart Industries Inc v Decor Corporation Pty Ltd (“Lettuce Crisper case”) | 29 September 1993
The majority was of the view that purpose of an account of profits is not to punish the defendant but to prevent their unjust enrichment.
Per Mason CJ, Deane, Dawson and Toohey JJ at 111:
Damages and an account of profits are alternative remedies ((6) See Neilson v. Betts (1871) LR 5 HL 1, at p.22; Lever v. Goodwin (1887) 36 ChD 1, at p.7; Patents Act 1990 (Cth), s.122(1).).
An account of profits was a form of relief granted by equity whereas damages were originally a purely common law remedy ((7) cf. Meagher, Gummow and Lehane, Equity: Doctrines and Remedies, 3rd ed. (1992), pp.659-660.). As Windeyer J pointed out in Colbeam Palmer Ltd. v. Stock Affiliates Pty. Ltd. ((8) [1968] HCA 50; (1968) 122 CLR 25, at p.34.), even now ((9) See Patents Act 1952 (Cth), s.118(1); Patents Act 1990 (Cth), s.122.) an account of profits retains its equitable characteristics in that a defendant is made to account for, and is then stripped of, profits which it has dishonestly made by the infringement and which it would be unconscionable for it to retain. An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent its unjust enrichment ((10) My Kinda Town Ltd. v. Soll (1983) RPC 15, at p.55; Potton Ltd. v. Yorkclose Ltd. (1989) 17 FSR 11, at pp.14, 15; Sheldon v. Metro-Goldwyn Pictures Corp. [1940] USSC 57; (1940) 309 US 390, at
p.399.). The ordinary requirement of the principles of unjust
enrichment that regard be paid to matters of substance rather than
technical form ((11) See Baltic Shipping Co. v. Dillon [1993] HCA 4; [1993] HCA 4; (1993) 176 CLR 344, at p.376.) is applicable.
Per McHugh J at 123:
The object of an account of profits is to make the infringer give up its gains in order to prevent its unjust enrichment. No element of punishment is involved.
Sydney, Australia
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Right to Know Week 2014 (28 September – 5 October)
28 SEPTEMBER is Right to Know Day, an international event to raise awareness of our “right to access government information and open, transparent government”.
In NSW, Right to Know Week (28 September to 5 October) aims to promote awareness about open access to government information.
Right to Know Week is an initiative of the NSW Department of Justice and the Information and Privacy Commission NSW.
For more information, visit http://www.justice.nsw.gov.au/Pages/media-news/news/2014/right-to-know-week.aspx and http://www.ipc.nsw.gov.au/.
Sydney, Australia
1300 00 2088
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