Cases

12 Dec 2018
Can an unsent text message be a valid will? Which case won?
A Queensland man took his own life, leaving behind his wife and several family members.
22 Nov 2018
Could a land owner terminate his option agreement with a developer because of delay by the developer? Which case won?
A land owner owned a large block of land in West Pennant Hills, in Sydney’s north west.
08 Nov 2018
Could a landlord recover rent and lease incentives after the tenant abandoned the premises? Which case won?
A law firm was negotiating with a landlord for the lease of office premises in the inner
29 Oct 2018
Can a company legally sack an employee who has been ill for ten months? Which case won?
A man was employed by a company on a full-time basis as a channel manager. He was
15 Oct 2018
What are the limits of a post-employment restraint clause in an employment contract? Which case won?
A large clothing retailer with outlets all over Australia employed a chief financial
02 Oct 2018
Who carries the cost when an investor gets scammed? Which case won?
In a case study reported in 2016 by the UK Financial Ombudsman, an investor in the United
18 Sep 2018
When does negligent driving become a criminal offence? Which case won?
In the mid-afternoon of 18 April 2016, a driver was driving her car along Nicholson
04 Sep 2018
Should the husband get a much larger share of the marital assets than the wife after their divorce? Which case won?
The husband was aged 39, the wife was aged 37 and they had been married for about ten
22 Aug 2018
Was it an inexperienced doctor, unnecessary surgery or just bad luck? Which case won?
The patient was a 73-year-old man who was happy, fit and active. In early 2011, he began
06 Aug 2018
Did the old man have the mental capacity to change his will? Which case won?
In 2011, a man signed a will which gave his estate to his three children equally. The will
25 Jul 2018
Could the council force a home owner to remove a caravan from her land? Which case won?
A Sydney council became aware of home owners in the local area who had converted an old
09 Jul 2018
Who was to blame for a drunken motorcycle collision? Which case won?
At 5:15 in the morning following a night of heavy drinking, the plaintiff and defendant
26 Jun 2018
Can you copy someone else’s building plans? Which case won?
A couple owned a block of land in Port Douglas, Queensland, and set out to build an
13 Jun 2018
Prenup signed on eve of wedding – was there undue influence? Which case won?
A couple became acquainted on the internet via a website for potential brides. He was a
30 May 2018
Were the mechanic’s injuries caused by the negligence of the company that employed him? Which case won?
 A light vehicle mechanic employed by a service company was working as an independent
16 May 2018
Could an accounting firm restrain a former employee from doing work for one of its clients? Which case won?
In 2003, a nineteen-year-old man began employment as a trainee accountant with a major
03 May 2018
Should a property buyer get a discount because the seller left too much rubbish behind? Which case won?
A property in North Bondi was sold at auction on 21 November 2013 for $4,400,000.00.
19 Apr 2018
She made his life a misery but still wanted part of his estate – which case won?
They met in 1984, when he was a doctor and she was his patient. They had a daughter in
04 Apr 2018
Did the police obtain evidence unlawfully? Would the drug possession charge be dismissed? Which case won?
A man was riding a motorcycle along a road when he was stopped by police for not having
21 Mar 2018
Who keeps the deposit when a property sale falls through? Which case won?
A parcel of land in Fairfield, Sydney, was sold at auction for $1.46 million. The buyer
07 Mar 2018
The lessor or the liquidator – who owns leased equipment when a company goes into liquidation? Which case won?
In this case, a power company had been retained by a government body in Western Australia
22 Feb 2018
Should the owner of a landlocked property be able to access it by vehicle? Which case won?
This case concerned a property in south-western Sydney. The property was landlocked by
07 Feb 2018
Were they in a de facto relationship? Should the financial agreement stand? Which case won?
The parties met in late 2011 at a massage parlour, where the woman worked. The man was
23 Jan 2018
Which case won? Could a bank enforce a loan agreement where one of the signatures was forged?
A company was established in 1991 and operated a paintball field on a property in Sydney.
09 Jan 2018
Could Pizza Hut force franchisees to sell pizzas at a loss? Or is that unconscionable conduct? Which case won?
In 2014, the franchisor of the Pizza Hut system in Australia devised a new “value
12 Dec 2017
The bankrupt, the trustee and the superannuation fund – which case won?
A man was declared bankrupt and a trustee in bankruptcy was appointed to his estate in
29 Nov 2017
Coveting my neighbour’s access – the driveway, the easement and the battle of the battle-axe block – which case won?
The defendants owned a block of land in Thornleigh, on Sydney’s upper north shore. In
15 Nov 2017
Was a rival’s use of the phrase “Post without the office” a breach of Australia Post’s intellectual property? Which case won?
Sendle Pty Ltd is a Sydney-based parcel delivery company that provides low-cost,
01 Nov 2017
Could a husband claim a share in his ex-wife’s lottery win? Which case won?
The couple had been married for 20 years at the time of separation in July 2008. They had
17 Oct 2017
Would dad still have to pay child support to mum after his son moved in with him full-time? Which case won?
The couple first started living together in 1994, were married in 1995 and had four
03 Oct 2017
Government compulsorily acquires land for new road – was the land owner properly compensated? Which case won?
The Roads and Traffic Authority of NSW had compulsorily acquired part of a rural property
20 Sep 2017
Did “Duff” contravene the advertising code for alcoholic beverages? Which case (of beer) won?
In 2014, supermarket industry behemoth Woolworths introduced an officially licensed
07 Sep 2017
When does an email exchange turn into a binding contract? Which case won?
A case heard recently in Western Australia concerned a dispute between a landlord and a
22 Aug 2017
Would the Court of Appeal increase a dangerous driver’s jail term? Which case won?
On an evening in 2015, a 19-year-old man was driving the streets of a small country town
10 Aug 2017
Defendant’s criminal sentence hangs on court’s interpretation of a comma – which case won?
In a case decided in 2016 by the United States Supreme Court, a defendant had pleaded
26 Jul 2017
Was the binding financial agreement unfair? Did the court set it aside? Which case won?
A binding financial agreement (also commonly known as a prenuptial agreement or
12 Jul 2017
Man cuts off neighbour’s finger with hedge clippers – was he guilty of recklessly inflicting grievous bodily harm? Which case won?
On a balmy afternoon on new year’s eve, in one of Sydney’s most exclusive suburbs,
28 Jun 2017
Brother sues sister who pocketed 100% of their dad’s superannuation fund – which case won?
A case heard in the NSW Supreme Court concerned a battle between two siblings over a
13 Jun 2017
The electricity company, the farmer, the truck driver and the power line – which case won?
A farm owner retained a truck driver to collect sheep in Queensland and drive them to a
31 May 2017
Did the hospital owe a duty of care to the friend of a mentally ill patient? Which case won?
A Victorian man had a long history of chronic paranoid schizophrenia and was being treated
18 May 2017
Tax Office tries to stop company transferring land after large tax assessment – which case won?
Following a tax assessment, the corporate trustee of a family trust was found to owe $7
03 May 2017
Was the company entitled to restrain its former employee from setting up a competing business? Which case won?
The company in question manufactured and sold school uniforms in NSW. The employee had
18 Apr 2017
Was the bank customer who withdrew $2 million he didn’t have guilty of a crime? Which case won?
In March 2010 a 22-year-old customer of St George Bank opened a new account at the
29 Mar 2017
Army officer claims unfair dismissal after sacking for homophobic views – which case won?
The dismissed employee had joined the Army Reserve in 1997. He then transferred to the
15 Mar 2017
Fencing manufacturer sues rival for infringing its registered design – which case won?
A case heard in the Federal Court in 2013 concerned a manufacturer of steel fencing panel
01 Mar 2017
Motorbike rider injured in blameless accident seeks compensation from bike owner’s insurer – Which case won?
As the judge noted, it was a case that “could only have taken place in Australia”. A
16 Feb 2017
Was son entitled to share of mother’s estate to boost his superannuation fund? Which case won?
A case heard in the NSW Supreme Court of Appeal concerned a 43 year old electrician who
26 Jan 2017
Were they in a de facto relationship at the time of the IVF conception? Which case won?
A case heard in the Family Court centred on a rather unusual dispute between two women who
11 Jan 2017
Can spilling hot tea on a passenger make an airline liable? Which case won?
A case heard in the NSW Supreme Court concerned a Sydney woman who suffered a mishap
15 Dec 2016
Developer tries to terminate off-the-plan sale to cash in on soaring property prices – which case won?
Common in the contract for most off-the-plan real estate sales is what’s known as a
29 Nov 2016
Can you murder someone who’s already dead? Which case won?
Earlier this year, a very unusual murder trial was heard in the Victorian Supreme Court.
21 Sep 2016
Ambush marketing at the Rio Olympics – which case won?
Ambush marketing is the practice by which a company attempts to associate its products or