Archive for August 2017
PROPERTY DEVELOPMENT: WHAT IF THE ROOF OVER MY HEAD IS TOO LOW?
When the owners of a brand new$1.8 million apartment claimed that its ceiling was too low, they sued the building company, seeking more than $330,000 to reinstall it at the correct height. This case raised questions about what was reasonable under such circumstances. Would the ceiling have to be removed and replaced or would the…
Read MoreSA PIONEERS GAMBLING INTERVENTION PROGRAM
In Australia, problem gambling pervades age groups, socio-economic backgrounds and geographic locations. It’s everywhere. It can lurk behind a façade of happy family life or be out in the open as lives are destroyed in its wake. It’s a burden that, in some way or another, is borne by everyone. For decades, governments have been…
Read More“CRYPTO-WHAT?” DIGITAL CURRENCY IN ESTATE PLANNING
Cryptocurrency exists in an intriguing online world, partly because it was borne out of code cracking activities in World War II. While it’s a fairly new development, it is becoming an increasingly popular investment and now it appears that cryptocurrency will, before too long, cement its place in wills and estate planning. Here’s what you…
Read MoreCRIMINAL LAW: WHEN ARE POLICE SEARCHES UNLAWFUL?
When the police were searching a man’s house for firearms and then found large quantities of cannabis, they tried to use their general search warrant powers to convict him of drug offences. However, he successfully argued that the police had misused their search powers. The case demonstrates the limits of police search powers and the…
Read MorePERSONAL INJURY: IF I’M ASSAULTED, CAN I SUE FOR DAMAGES?
After his friend assaulted him, a man sued for damages, claiming intentional assault and battery. The Court decided that for the man’s claim to succeed, it wasn’t necessary for him to prove financial loss due to his injuries. The case is an interesting commentary on the laws relating to assault and battery – it’s now…
Read MoreDEMERIT POINTS: USING A MOBILE PHONE WHILST DRIVING
If you’ve stopped your car at a red light, is it okay to sneak a quick look at your mobile phone? After all, your car is stationary and you can’t possibly hurt anyone. A recent decision shows just how seriously our legal system treats mobile phone offences, especially when it comes to reducing the demerit…
Read MoreDECEASED ESTATES: WHAT HAPPENS WHEN AN EXECUTOR CAN’T ACT?
When you make a will, choosing an executor may seem straightforward. You simply choose someone who you think will do a good job of sorting out your affairs. However, over time, that person’s situation may change. They may eventually be in a situation in which they can’t act as executor of your estate because they…
Read MoreSTOP AND SEARCH: WHAT ARE MY RIGHTS AT CRIMINAL LAW?
When police stopped and questioned a couple who were walking down a residential street, they ended up searching the man and his car and then charging him with drug possession. The police officers’ actions raise serious questions about much power the police have to stop, search and question passers-by. Background – Stop and search by…
Read MoreFAQs: POLICE QUESTIONS AND THE RIGHT TO REMAIN SILENT
FAQs: POLICE QUESTIONS AND THE RIGHT TO REMAIN SILENT Have you ever been questioned by the police? Whether you’ve been arrested or the police are just gathering information, it can be difficult to know what questions you are legally required to answer and when you have a right to remain silent. Being in a pressured…
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