New Strata Laws in NSW and the NCAT

  • Post category:NCAT / Papers

Simon McMahon, 11 March 2016 In late 2015 NSW Parliament assented 2 new Acts which have large effects on strata laws in NSW, the Strata Schemes Development Act 2015 (“SSDA”) & the Strata Schemes Management Act 2015 (“SSMA”). These 2 Acts will replace the currently operating Strata Schemes Management Act 1996…

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Tendency Evidence After Hughes v The Queen [2017] HCA 20

Lizzie McLaughlin, 14 July 2017 This paper does not intend to cover the field with respect to all aspects of the law of tendency, instead focusing on the recent High Court decision in Hughes v The Queen [2017] HCA 202 (‘Hughes’). In Hughes the High Court resolved a specific tension…

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Application for Costs and Non Publication Orders: Civil Applications in the Local Court

Lizzie McLaughlin, 14 August 2015 Applications for non-publication and/or suppression orders are made pursuant to the Court Suppression and Non-Publications Orders Act 2010 (NSW) (‘the CSNPO Act’). This a simple and straightforward piece of legislation. It is easy to navigate, and it is easy to read. The only problem is…

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Motor Accident Injuries Act 2017 “An Accident Waiting to Happen"

Simon Harben SC and Simon Hunt, 16 June 2017 All of us here are familiar with the so called reform of Compulsory Third Party Insurance over the years and in particular, since the mid 1980s. On 9th March, 2017 Victor Dominello, the then Minister for Finance, Services and Property, introduced…

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Mediation: Tips and Traps

Simon Harben SC, 19 February 2016 Mediation is a process in which parties to a dispute with the assistance of a neutral third party (the mediator) identify disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or a determinative role in regards…

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Child Sexual Assault Evidence Pilot – Tips in Preparing Your Case

  • Post category:Papers

In 2015 the Criminal Procedure Act was amended by the Criminal Procedure Amendment (Child Sexual Offence Evidence Pilot) Act 2015 No 46. The amendment inserts Part 29 into Schedule 2 of the Criminal Procedure Act. The pilot scheme is in place from 31 March 2016 to 31 March 2019 (or…

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Dealing with Statutory Demands arising from Building and Construction Industry Security of Payment Act, 1999

  • Post category:Papers

Dealing with Statutory Demands arising from Building and Constructing Industry Security of Payments Act, 1999 by Timothy Bland The Building and Construction Industry Security of Payments Act, 1999 is still evolving this paper looks at the developments since early 2015 specifically in regards to Statutory Demands up to and including…

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Family Law Litigation – Getting off to the right start

  • Post category:Papers

Family Law Litigation - Some Practical Observations by Terry Betts In family law litigation, it is critical to get off to a good start. How a case begins can set the trajectory for how it finishes – good or bad. This easy-to-read paper provides sound practical advice for practitioners who…

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