Tag Archives: SOLICITORS

Manly Legal Help

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

Lawyers

SYDNEY, AUSTRALIA

Lawyers

1300 00 2088

ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law

Sydney Legal Help

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

Lawyers

SYDNEY, AUSTRALIA

Lawyers

1300 00 2088

ALL AREAS OF LAW administrative law, advice, advocacy, animal law, arbitration, attorneys, aviation law, banking and finance, bankruptcy, barristers, business law, breach of duty of care, civil liability, civil litigation, commercial law, commercial leases, common law, communications law, company law, compensation, conciliation, consumer law, contract, conveyancing, copyright, corporate law, corporations law, costs, criminal law, criminal litigation, death and disability, debt recovery, defamation law, disability discrimination law, discrimination, dispute resolution, divorce, elder law, employment law, environmental law, equity, estate planning, ethics, family law, guardianship, harassment and workplace bullying, health law, human rights, immigration, industrial law, insolvency, intellectual property, labour law, land and environment court, land law, landlord and tenant, lawyer referral, lawyers, leases, licensing law, liquor law, litigation, local government, malpractice, media law, mediation, medical law, mortgages, motor vehicle law, negligence, occupational health and safety law, partnerships, planning law, powers of attorney, privacy law, pro bono, probate law, professional negligence, professional standards, property law, residential leases, revenue law, securities law, settlements, shipping law, social security, solicitors, sports law, succession, superannuation law, tax law, torts, total and permanent disablement, traffic law, transport law, wills, workplace law

Legal Help in North Sydney

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

Lawyers

SYDNEY, AUSTRALIA

Lawyers

1300 00 2088

Sydney Lawyers

ON 18 DECEMBER 1906, the High Court of Australia delivered Balmain New Ferry Co Ltd v Robertson [1906] HCA 83; (1906) 4 CLR 379 (18 December 1906).

http://www.austlii.edu.au/au/cases/cth/HCA/1906/83.html

A party who wishes to rely on a contractual term is required to show that it did all that was reasonable to bring term to the other party’s attention.

The plaintiff was not considered to have been falsely imprisoned by the ferry terminal’s turnstiles as he was considered to be free to leave the premises by water.

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Sydney Solicitors

ON 18 DECEMBER 1906, the High Court of Australia delivered Balmain New Ferry Co Ltd v Robertson [1906] HCA 83; (1906) 4 CLR 379 (18 December 1906).

http://www.austlii.edu.au/au/cases/cth/HCA/1906/83.html

A party who wishes to rely on a contractual term is required to show that it did all that was reasonable to bring term to the other party’s attention.

The plaintiff was not considered to have been falsely imprisoned by the ferry terminal’s turnstiles as he was considered to be free to leave the premises by water.

Lawyers

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Re Taco Company of Australia Inc; Taco Bell v Taco Bell Pty Limited; Denbrad Management Pty Limited; Robert Francis; Eric Baillie Francis [1982] FCA 136

ON 22 JULY 1982, the Federal Court of Australia delivered Re Taco Company of Australia Inc; Taco Bell v Taco Bell Pty Limited; Denbrad Management Pty Limited; Robert Francis; Eric Baillie Francis [1982] FCA 136 (22 July 1982).

http://www.austlii.edu.au/au/cases/cth/FCA/1982/136.html

Taco Bell Pty Ltd (the first respondent) was incorporated in NSW, Australia and had for several years operated a business in Bondi called Taco Bell’s Casa and in 1974 registered the business names of Taco Bell and Taco Casa. Taco Company of Australia Inc (the appellant) was incorporated in the United States with the intention to establish Taco Bell restaurants in Australia and from 1981 operated a Taco Bell restaurant in Sydney.

The respondents sued the appellant for misleading and deceptive conduce under s52 and s53 of the Commonwealth Trade Practices Act 1975 and for passing off. The appellant made similar counter-claims.

At trial, the first respondent was successful in establishing a breach of s52 and passing off.

An appeal was dismissed and injunctions were granted in favour of the respondents restraining the appellant from, within the Sydney metropolitan area (1) using the name Taco Bell or (2) passing off goods and services as being that of the respondents.

A number of observations and principles come from this case.

Representation

At 202, Deane and Fitzgerald JJ observed that a finding on whether or not conduct is a representation is “a question of fact to be decided by considering what [was] said and done against the background of all surrounding circumstances”.

and

“In some cases, such as an express untrue representation made only to identified individuals, the process of deciding that question of fact may be direct and uncomplicated. In other cases, the process will be more complicated and call for the assistance of certain guidelines upon the path to decision.”

The doctrine of erroneous assumption

At 200, Deane and Fitzgerald JJ held:

“no conduct can mislead or deceive unless the representee labours under some erroneous assumption”.

and

“Such an assumption can range from the obvious, such as a simple assumption that an express representation is worthy of credence, through the predictable, such as the common assumption in a passing-off case that goods marketed under a trade name which corresponds to the well-known trade name of goods of the same type have their origins in the manufacturer of the well-known goods, to the fanciful, such as an assumption that the mere fact that a person sells goods means that he is the manufacturer of them.”

When determining whether conduct should be categorised as misleading or deceptive or as likely to mislead or deceive, the nature of the erroneous assumption “will be a relevant, and sometimes decisive, factor”

Misconception

There must be a misrepresentation, not mere tendency to cause confusion or uncertainty.  At 201, Deane and Fitzgerald JJ accepted that the “question whether particular conduct causes confusion or wonderment cannot be substituted for the question whether the conduct answers the statutory description contained in s 52”.

Injunctions

At 207, Deane and Fitzgerald JJ said “Injunctive relief granted to restrain contravention of s52 of the [TP Act] should plainly be limited to what is necessary in the circumstances of the particular case.”

Lawyers

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Sydney Solicitors

ON 20 AUGUST 1984, the High Court of Australia delivered Jaensch v Coffey [1984] HCA 52; (1984) 155 CLR 549 (20 August 1984).

http://www.austlii.edu.au/au/cases/cth/HCA/1984/52.html

A plaintiff suffered nervous shock when immediately after an accident she saw her injured husband in hospital and was told of the seriousness of his injuries.

The High Court extended the class of persons to whom a duty of care is owed to those who, although not present at the scene of an accident, are at risk of suffering psychiatric injury by personally perceiving the direct and immediate aftermath of the accident in which a person with whom they are in a “close or intimate relationship” with is negligently injured or killed.

The duty of care was characterised as arising from the injury being reasonably foreseeable and sufficient proximity between the plaintiff and the defendant.

Lawyers

Sydney, Australia

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Sydney Lawyers

ON 20 AUGUST 1984, the High Court of Australia delivered Jaensch v Coffey [1984] HCA 52; (1984) 155 CLR 549 (20 August 1984).

http://www.austlii.edu.au/au/cases/cth/HCA/1984/52.html

A plaintiff suffered nervous shock when immediately after an accident she saw her injured husband in hospital and was told of the seriousness of his injuries.

The High Court extended the class of persons to whom a duty of care is owed to those who, although not present at the scene of an accident, are at risk of suffering psychiatric injury by personally perceiving the direct and immediate aftermath of the accident in which a person with whom they are in a “close or intimate relationship” with is negligently injured or killed.

The duty of care was characterised as arising from the injury being reasonably foreseeable and sufficient proximity between the plaintiff and the defendant.

Lawyers

Sydney, Australia

1300 00 2088

North Sydney Local Court Lawyers

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

Lawyers

SYDNEY, AUSTRALIA

Lawyers

1300 00 2088

New Alcohol Interlock Laws

From 1 FEBRUARY 2015, new drink driving laws come into effect. It will be mandatory for courts to order drivers convicted of high range, repeat and other serious drink driving offences with a minimum license disqualification and a minimum 12 month participation in the alcohol interlock program.

For further information go to:

Lawyers

Sydney, Australia

1300 00 2088