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15 Oct 2021

”I suffered a loss because of bad investment advice, so the financial advisor should compensate me.” Which case won?

by Geoff Roberson, Parramatta

An investor was a long-term client and personal friend of the director ...

14 Oct 2021

Does a smack on the bottom constitute common assault?

by Kelly Brown, Tamworth

Annabel Bassil was managing a Sydney bar when a man she didn’t know smacked ...

08 Oct 2021

New laws extend police power to hack suspects’ personal computers

by Michael McHugh, Tamworth

New Commonwealth legislation has extended police power and security agency ...

05 Oct 2021

Work safety poster leads to $200,000 damages award

by Emily Wittig, Hornsby

A work safety poster has ended up costing $200,000 in damages after a court ...

05 Oct 2021

“I paid the deposit on time and the vendors have to complete the property sale.” Which case won?

by David Crossan, Tweed Heads

On 4 April 2019, a purchaser and vendors exchanged contracts for the sale of a ...

30 Sep 2021

If a person with a secret second family dies, who inherits their estate?

by Joshua Crowther, Taree

It’s a classic plot in movies and novels – a man dies, leaving his family to...

28 Sep 2021

Does marriage or divorce automatically revoke a will?

by Joshua Crowther, Taree

Did you know if you were to get married and then die soon afterwards, the fact ...

23 Sep 2021

The reverse mortgage – one of life’s gambles?

by Tony Mitchell, Tweed Heads

With the government encouraging self-funded retirees to tap into their home’s ...

21 Sep 2021

New short-term rental laws in NSW – Code of Conduct, fire safety standards and STRA Register

by Kelly Brown, Tamworth

In December 2020, new short-term rental laws were introduced in NSW, with ...

21 Sep 2021

“My mum can’t claim on the estate of my dad, they split up decades ago.” Which case won?

by Simone Timbs, Walcha

Dr and Ms L met in 1984 when he was practicing as a GP and she was his patient. ...

15 Sep 2021

Can my ex claim part of my lottery winnings?

by Felicity Marchant, Laurieton

If a couple separates and one of them wins lotto, can that person be legally ...

07 Sep 2021

“The Ferris wheel accident was due to the council’s negligence and left me with psychiatric injuries.” Which case won?

by Grant Avery, Taree

Declaration of interest: the author and Stacks Law Firm acted for the plaintiff ...

01 Sep 2021

Can a dying declaration be admitted in evidence?

by Peter Schmidt, Tamworth

A man is shot and lies dying on the floor in a pool of blood. He’s discovered ...

01 Sep 2021

Former Uber Eats courier paid $400,000 in out-of-court settlement

by Emily Wittig, Hornsby

Is an Uber Eats courier an employee or an independent contract worker? The line ...

27 Aug 2021

Scarlett Johansson sues Disney for alleged breach of contract

by Geoff Baldwin, Parramatta

In a superpower battle, Scarlett Johansson is suing the huge Disney corporation,...

26 Aug 2021

Domestic coercive control could soon be criminal in Australia

by Anneka Frayne, Tamworth

Domestic abuse in the form of coercive control could soon be a criminal act ...

23 Aug 2021

“I’m the dead man’s next of kin and I’m contesting a forged will.” Which case won?

by Kelly Brown, Tamworth

Prior to World War II, the deceased was on intimate terms with a woman, V. When ...

18 Aug 2021

If I cover up a murder, can I inherit from the victim’s estate?

by Joshua Crowther, Taree

You’d think the law would be clear – if a person is convicted of murdering ...

12 Aug 2021

Renewed calls to raise minimum age of children in prison from ten to fourteen

by Anneka Frayne, Tamworth

With children in prison as young as ten years old in Australia, there is a ...

12 Aug 2021

Pressure grows to make voluntary euthanasia legal in NSW

by Michael McHugh, Tamworth

Legalising voluntary euthanasia, or voluntary assisted dying, is a hot topic in ...

09 Aug 2021

Was a farmer entitled to a perpetual lease over land he sold to a mining company? Which case won?

by Madison Burns, Tamworth

In March 2007, a farmer sold his rural property near Gunnedah in NSW to a mining...

04 Aug 2021

Business email compromise scams conning Australians out of millions

by Tony Mitchell, Tweed Heads

According to the Australian Federal Police, more than $79 million has been lost ...

03 Aug 2021

Family provision claims in NSW – spare us the details and curb your expectations

by Joshua Crowther, Taree

Each year, Sydney barrister Gregory George writes a summary of decisions ...

27 Jul 2021

Should a lawyer be struck off the roll of legal practitioners for misappropriation of funds? Which case won?

by Anneka Frayne, Tamworth

In November 2010, a lawyer was hired to complete the sale of a vendor’s ...

21 Jul 2021

Sexual consent law reform in NSW: a nod’s as good as a wink on a blind date

by Geoff Baldwin, Parramatta

In May 2021 the Attorney-General Mark Speakman announced the reform of sexual ...

20 Jul 2021

The vital importance of a business exit strategy

by Geoff Baldwin, Parramatta and Anneka Frayne, Tamworth

We are often asked by clients when is the right time to start planning their ...

15 Jul 2021

When the second wife beats the kids to the inheritance

by Joshua Crowther, Taree

A classic conflict scenario over a deceased estate is when the second wife ...

13 Jul 2021

Proposed child abuse compensation laws in NSW give survivors some hope of justice

by Con Ktenas, Elizabeth Street, Sydney

Survivors of institutional child abuse will be able to overturn unfair ...

12 Jul 2021

“We have a zero tolerance drug and alcohol policy, so we don’t have to pay compensation for the worker’s injuries.” Which case won?

by Phil Griffin, Bundall

The plaintiff was the maintenance manager of a meat processing plant. He ...

09 Jul 2021

Former employee of cosmetic clinic sued for defamation on Instagram story

by Anneka Frayne, Tamworth

The Brisbane District Court has awarded $82,500 in damages to a cosmetic surgery...

01 Jul 2021

NSW set to introduce mandatory data breach notification scheme to protect privacy

by Michael McHugh, Tamworth

The NSW government will be required to notify anyone affected by a cyberattack ...

29 Jun 2021

How to contest a Power of Attorney or Enduring Guardian in NSW

by Anneka Frayne, Tamworth and David Crossan, Tweed Heads

When you appoint an Enduring Power of Attorney or an Enduring Guardian, you are ...

29 Jun 2021

“I should get workers comp back pay, starting from the day of my injury.” Which case won?

by Digby Dunn, Forster

In September 2000, a worker fell while pushing a wheelbarrow in the course of ...

24 Jun 2021

Revoking a Power of Attorney or Enduring Guardian in NSW

by David Crossan, Tweed Heads and Anneka Frayne, Tamworth

Sometimes circumstances change and you may find yourself having to consider ...

17 Jun 2021

Government’s plan to deregister charities for trifling offences is an overreach

by Maurie Stack

The federal government plans to change the regulations governing charity and ...

17 Jun 2021

Government cannot ignore impact of climate change on children when approving coal mine expansion

by Michael McHugh, Tamworth

In what has been hailed as a worldwide landmark judgement, in May 2021 the ...

15 Jun 2021

“My mother agreed to us buying a house together, but now she wants her money back.” Which case won?

by Christopher Morris, Hornsby

A mother, daughter and son-in-law lived together in a house they rented in town....

11 Jun 2021

How can you prove de facto marital status if you only lived together part-time?

by Anneka Frayne, Tamworth

When it comes to identifying a couple’s de facto marital status under law, ...

03 Jun 2021

Music copyright infringement: Twisted Sister says We’re Not Gonna Take It

by Anneka Frayne, Tamworth

That song you copy and broadcast on social media, the music you use at a public ...

03 Jun 2021

Judgment in Google location tracking case sends warning to businesses

by Geoff Baldwin, Parramatta

A significant court win against Google, concerning misleading online privacy ...

01 Jun 2021

“But mum wanted a public funeral.” – “She absolutely didn’t!” Which case won?

by Tierah Faulder, Taree

A 93-year-old mother of five died on 2 December 2020. When her husband died in ...

27 May 2021

Should voluntary assisted dying be legalised in NSW?

by Joshua Crowther, Taree

Voluntary assisted dying is the next big controversial topic that could come up ...

21 May 2021

Inaccurate GPS speed zone recognition is no excuse for speeding

by John Gooley, Hornsby

Motorist concerned about inaccurate GPS I listened to a scenario involving an...

17 May 2021

“When I bought my brother’s half of the farm, the water rights came with it, so he has to hand them over.” Which case won?

by Anneka Frayne, Tamworth and Kelly Brown, Tamworth

A husband and wife began farming in the 1950s. Over several decades they ...

14 May 2021

What are police powers to arrest and strip search in NSW?

by John Gooley, Hornsby

In 2019 the High Court ruled that police cannot arrest people solely for the ...

13 May 2021

Can I claim ownership over something I invent at work?

by Anneka Frayne, Tamworth

Are you one who likes to invent at work? Imagine you’re at your job and have ...

06 May 2021

Is it a conflict of interest if the administrator of the estate is also a beneficiary?

by Tony Mitchell, Tweed Heads

These days, most people have superannuation. Indeed, some people have hundreds ...

04 May 2021

“I deserve compensation for my skiing injuries, because the other skier was negligent.” Which case won?

by Rita Yousef, Elizabeth Street, Sydney

In August 2014, a ski instructor employed at a NSW ski resort collided with ...

29 Apr 2021

Jail sentence more likely than ever for domestic violence offences or breach of AVO in NSW

by John Gooley, Hornsby

Since the introduction of new laws in June 2020, sentencing has toughened up for...

28 Apr 2021

The unbroken yellow line in NSW – watch out or cop a Level 4 fine

by John Gooley, Hornsby

Continuous yellow edge line covers many parking situations The vast majority of...

21 Apr 2021

Unable to work? You might be able to claim on your super insurance

by Lenece Pek, Forster

Many people who are suffering hardship are unaware they could get financial ...

20 Apr 2021

How do you stop a coal mine expansion? Which case won?

by Emma Wei, Hornsby

In 2006, a company began operating an open cut coal mine in the Upper Hunter, ...

16 Apr 2021

Online businesses must be wary of trademark infringement on the internet

by Tony Mitchell, Tweed Heads

With so many new small businesses, cottage industries and start-ups using the ...

14 Apr 2021

Parrot witness wouldn’t fly in an Australian court

by Anneka Frayne, Tamworth

African Grey parrot witnesses violent crime The parrot witnessed it all. Glenna...

08 Apr 2021

Peanut butter giants go head-to-head over yellow lids in packaging dispute

by Tony Mitchell, Tweed Heads

A heated legal battle over the yellow lids on peanut butter jars might seem a ...

06 Apr 2021

Should Australians have the “right to be forgotten” online?

by Michael McHugh, Tamworth

In 2019, Germany’s highest court ruled that a man convicted of murder in 1982 ...

05 Apr 2021

“The court has to listen to this secret recording, it proves I should get my fair share of the estate!” Which case won?

by Joshua Crowther, Taree

A recent case in the NSW Supreme Court concerned the estate of a father with ...

25 Mar 2021

Internet trolls face huge penalties under proposed new laws

by Anneka Frayne, Tamworth

Internet trolls, bullies, abusers and anyone who threatens another person or ...

23 Mar 2021

Horseplay in the workplace leads to $662,102 in damages

by Emily Wittig, Hornsby

A certain amount of joking, skylarking and horseplay in the workplace is usually...

23 Mar 2021

“I introduced the buyer to the property, so I should get the commission.” Which case won?

by Nathan Stack, Taree

Two property sellers owned a 55-acre property containing a macadamia plantation ...

09 Mar 2021

Perils of a DIY will include increased risk of subsequent legal challenge

by Joshua Crowther, Taree

Now more than ever, it’s important to have a written will so you can make sure...

09 Mar 2021

“I was tricked into signing over my half of the family home, so I should be able to appeal the court order.” Which case won?

by Simone Timbs, Walcha

A husband and wife married in 1988. They had one child together, a daughter who ...

05 Mar 2021

Section 32 Mental Health Act provisions replaced by new legislation in NSW

by Mark Warren, Hornsby

New legislation has made specific changes to the old section 32 Mental Health ...

04 Mar 2021

Spy phone apps: privacy protection or illegal surveillance?

by Nick Burton, Hornsby

In a recent family law case, I came across an obscure app installed on a young ...

25 Feb 2021

How do you choose an executor for your will? – the horror story edition

by Anneka Frayne, Tamworth and David Crossan, Tweed Heads

Part of a writing a will involves considering who you will appoint as executor ...

23 Feb 2021

Could a developer rescind off-the-plan contracts to cash in on a rising property market? Which case won?

by Merrill Phillips, Taree

In 2014, the vendor and several purchasers entered into contracts for the sale ...

18 Feb 2021

What is “duty of care” if you are injured?

by Phil Griffin, Bundall

A recent duty of care case involved a man who was walking inside The Star casino...

16 Feb 2021

Federal government announces capital gains tax relief for granny flat accommodation

by Tony Mitchell, Tweed Heads and Anneka Frayne, Tamworth

You have ageing parents who don’t want to move into aged care. There is room ...

08 Feb 2021

Could a worker claim weekly compensation payments for a psychological injury that left him unable to work? Which case won?

by Michael Greene, Elizabeth Street, Sydney

A worker was recruited by an employer following a history of successful ...

05 Feb 2021

Police found to have conducted unlawful stop and search

by Mark Warren, Hornsby

Two men are spotted by police walking at night, not late, on a street in ...

03 Feb 2021

Posting defamatory conspiracy theories online can cost you

by Geoff Baldwin, Parramatta

The Federal Court has awarded $875,000 in damages against a person who posted ...

29 Jan 2021

What is partial compulsory acquisition?

by Mark Shumsky, Hornsby

Partial compulsory acquisition is where part of your property is acquired by the...

25 Jan 2021

Can a daughter make a family provision claim against the estate of her long-dead father, to be paid for out of the estate of her recently deceased stepmother? Which case won?

by Mark Shumsky, Hornsby

The deceased and his first wife had two children. The deceased’s first wife ...

22 Jan 2021

De facto property settlement can be as complex as a marriage break up

by Rita Fisher, Leura

You commit to a relationship with your partner and move in together. You earn ...

20 Jan 2021

How squatters rights won a Sydney dunny lane

by Merrill Phillips, Taree

Supreme Court dispute over three square metres of land It’s not often the old...

14 Jan 2021

Do I need a lawyer to go to court?

by Mark Warren, Hornsby

So, you’re facing a charge by police and have to appear in court. Sure, you ...

12 Jan 2021

If a tree branch fell and caused damage to a grave, was the council negligent for not maintaining the tree? Which case won?

by Nick Burton, Hornsby

In June 2002, a man purchased three adjacent burial plots in a cemetery in ...

23 Dec 2020

Power of Attorney and Enduring Guardianship – the horror story edition

by David Crossan, Tweed Heads and Joshua Crowther, Taree

Having a power of attorney and an enduring guardianship is the basis of a solid ...

15 Dec 2020

Was the offender guilty of ongoing supply of a prohibited drug? Which case won?

by Peter Schmidt, Tamworth

The police established a strike force to investigate the illegal supply of drugs...

11 Dec 2020

Tree disputes: know your rights

by Anneka Frayne, Tamworth and Kelly Brown, Tamworth

Tree disputes are among the most common points of contention between neighbours,...

10 Dec 2020

Dispute over fate of deceased body determined by consulting Facebook

by Joshua Crowther, Taree

Dying without a will can lead to all sorts of disputes among your loved ones, ...

09 Dec 2020

Life estate or right of residence? How to provide a home in your will

by Kelly Brown, Tamworth

You want to provide a home for your loved one in your will. You want your spouse...

08 Dec 2020

Can I leave an inheritance to my pets when I die?

by Joshua Crowther, Taree

We love our pets, and understandably we want to make sure they are well looked ...

03 Dec 2020

Drink driving licence suspension in NSW – is it worth challenging?

by Peter Schmidt, Tamworth

Penalties for drink driving and drug driving were fortified considerably in 2019...

02 Dec 2020

What is a directions hearing and how should I prepare for it?

by Anneka Frayne, Tamworth

If you are involved in a legal dispute, you may be called before a court for a ...

01 Dec 2020

New laws protect purchasers from risk of building defects in NSW

by Merrill Phillips, Taree

Tough new laws governing construction, building defects and certification of ...

01 Dec 2020

Can a vendor terminate a contract for sale of land if the purchaser mistakenly pays the deposit to a cybercriminal? Which case won?

by Tony Mitchell, Tweed Heads

A recent case in the NSW Supreme Court illustrates just how insidious cybercrime...

26 Nov 2020

Juror misconduct leads to quashed conviction and retrial

by Peter Schmidt, Tamworth

Jurors who play detective are the scourge of the courtroom. In 2019 an Adelaide ...

26 Nov 2020

High Court rules tax debt can be passed to spouse in divorce property settlement

by Ruth Whisker, Tweed Heads

In 2018, Australia’s High Court ruled that a tax debt of one spouse can be ...

17 Nov 2020

Can the relatives be cut out of a will and everything left to the neighbours instead? Which case won?

by Ian Graham, Forster

In 1996 an elderly aunt made a will, in which she left $100,000 to each of her ...

05 Nov 2020

Who is liable for a balcony collapse on a residential property? Which case won?

by Rita Yousef, Elizabeth Street, Sydney

The accident happened on 15 June 2012. Four people were injured when a balcony ...

20 Oct 2020

Was the NDIS required to fund the cost of a sex worker for a woman with severe disabilities? Which case won?

by Anneka Frayne, Tamworth and Kelly Brown, Tamworth

Seventeen years ago, a woman referred to as “W”, who is now in her forties, ...

15 Oct 2020

Sacking an employee who criticises your client is not unfair dismissal, says Federal Court

by Geoff Baldwin, Parramatta

After a law firm was sued for sacking an employee who persisted in publicly ...

09 Oct 2020

Q&A: What are smokers’ rights in Australia?

by Emily Wittig, Hornsby

As we’re often asked about smokers’ rights, we’ve provided a Q&A to ...

08 Oct 2020

Data underscores continuing grim reality of work-related fatalities in Australia

by Justin Stack, Taree

A shocking level of work-related fatalities is disclosed in the figures ...

05 Oct 2020

Can a deceased estate be forced to pay for an adult child’s transgender surgery? Which case won?

by Mark Shumsky, Hornsby

A 93-year-old man died on 22 March 2017. In his lifetime, he had survived the ...

02 Oct 2020

What is catfishing? And is it legal?

by Anneka Frayne, Tamworth

There have been growing calls to make catfishing illegal and penalise those who ...

30 Sep 2020

by Tony Mitchell, Tweed Heads

Non-Indigenous control of Aboriginal flag a surprise to many The furore over ...

29 Sep 2020

Redundancy must still be paid when a business loses contracts

by Tony Mitchell, Tweed Heads

The Federal Court has recently ruled that low paid workers who lose their job ...

24 Sep 2020

Classifying bus driver employees as contractors turns out to be costly

by Emily Wittig, Hornsby

A recent decision in the Federal Circuit Court, where bus driver employees had ...

23 Sep 2020

Employers should heed Small Business Fair Dismissal Code when sacking employees

by Emily Wittig, Hornsby

How an employer goes about sacking a worker can be crucial to determining ...

21 Sep 2020

Could the daughter evict her parents, or had she made a contractual promise that they could live in her house for life? Which case won?

by David Crossan, Tweed Heads

A husband and wife acquired a property in 1975. The husband, a builder, built ...

17 Sep 2020

Employers held responsible for domestic violence when staff work from home

by Emily Wittig, Hornsby

The NSW Court of Appeal has ruled that employers can be held responsible for ...

16 Sep 2020

Covid-19 workers comp amendments broaden range of protected workers in NSW

by Chris Clarke, Tweed Heads

Further legislative changes have been made to workers compensation in NSW, ...

08 Sep 2020

Developer installs stormwater tank and timber deck instead of grass lawn. Could the purchasers rescind the contract? Which case won?

by Tony Mitchell, Tweed Heads

In June 2017, the purchasers entered into an off-the-plan contract to buy a ...

28 Aug 2020

Posting fake reviews online could cost you thousands

by Geoff Baldwin, Parramatta

Did you know that posting fake reviews online about a business or professional ...

27 Aug 2020

NSW tenants and landlords may benefit from changes to residential tenancy laws

by Kelly Brown, Tamworth

NSW tenants and landlords need to be aware of the legal implications of new ...

24 Aug 2020

“But it was my inherited property, not hers.” How will a court split the assets in a divorce? Which case won?

by Nick Burton, Hornsby

The husband and wife met in 1988 and were married in 1991. They had three ...

21 Aug 2020

Companies can face billion dollar fines under Australian Consumer Law penalties

by Anneka Frayne, Tamworth and Tony Mitchell, Tweed Heads

In 2018, new Australian Consumer Law legislation was passed by parliament. With ...

19 Aug 2020

Overseas assets and Australian wills case study: Dubai

by Anneka Frayne, Tamworth

Do you own overseas assets? If the answer is yes, then you need to make sure ...

13 Aug 2020

Social media defamation: be cautious when posting or re-posting online comments, reviews and links

by Mark Shumsky, Hornsby

Publishers forced to check uncertain facts and seek legal advice As an ...

10 Aug 2020

“Shouldn’t I get a TPD payout if I’m injured and can’t work anymore?” – Which case won?

by Lenece Pek, Forster

The complainant was a 61-year-old man who had ...

07 Aug 2020

Australian man suing Google for defamation over search results linking him to criminals

by Anneka Frayne, Tamworth

A Melbourne businessman is suing Google for defamation in a case which could ...

26 Jul 2020

Did the bank have the right to close the escort agency’s business bank accounts? Which case won?

by Geoff Roberson, Parramatta

An Australian company ran an escort agency which operated openly and legally. ...

17 Jul 2020

Media companies can be held liable for social media posts by others, says NSW Supreme Court

by Mark Shumsky, Hornsby

A recent NSW Supreme Court judgement ruled major media outlets can be held ...

15 Jul 2020

Can you legally terminate a contract due to Covid-19?

by Tony Mitchell, Tweed Heads

Can you renegotiate a contract because of the impact of coronavirus? The ...

14 Jul 2020

Landlords seek early termination of lease due to hardship during Covid-19 pandemic – Which case won?

by Anneka Frayne, Tamworth

A husband, his wife and two children lived with the husband’s elderly mother ...

10 Jul 2020

Untying the knot: how are business loans and debts treated in separation or divorce?

by Anneka Frayne, Tamworth

There is an obligation on a couple that is separating to disclose all of their ...

09 Jul 2020

Should employers go to jail for underpayment of wages?

by Geoff Baldwin, Parramatta

Underpayment of wages is an increasingly frequent topic in both media reports ...

03 Jul 2020

Sentencing, over policing, STMP and crime reduction in NSW

by Mark Warren, Hornsby

Earlier this year we published the articles New sentencing laws in NSW and NSW ...

30 Jun 2020

Can an illegitimate child inherit from his father’s estate? Which case won?

by Tierah Faulder, Taree

The man’s story is one of Australia’s remarkable rags-to-riches immigrant ...

25 Jun 2020

Australia’s Religious Discrimination Bill – hard cases make bad law

by Emily Wittig, Hornsby and Geoff Baldwin, Parramatta

In 2019, the Attorney-General, Christian Porter, released a draft Religious ...

25 Jun 2020

Implementing organisational change in a pandemic – how does your business find the new normal?

by Geoff Baldwin, Parramatta

Changes made of necessity may be retained for the longer term As the wave of ...

18 Jun 2020

Is a written contract necessary for a deal to be enforceable?

by Geoff Baldwin, Parramatta

Handshake agreement versus written contract – are they both legally binding? ...

17 Jun 2020

Is a handshake agreement legally binding?

by Tony Mitchell, Tweed Heads

Suppose you were to come to a verbal agreement on a deal with another person and...

17 Jun 2020

Can a casual employee claim unfair dismissal? Which case won?

by Mark Shumsky, Hornsby

On 25 June 2018, an employee commenced employment as a casual sales assistant ...

12 Jun 2020

Changes to workers compensation in NSW give better protection to workers who get coronavirus

by Chris Clarke, Tweed Heads

Presumption that coronavirus contracted in the course of employment Workers in ...

10 Jun 2020

NSW government’s compulsory land acquisition is surging ahead, so know your rights

by Mark Shumsky, Hornsby

Compulsory land acquisition is occurring at almost record levels across Sydney ...

05 Jun 2020

Consent no defence in assault charges, unless it’s sexual assault – the missing piece of the #MeToo debate

by Geoff Baldwin, Parramatta

The trial of Harvey Weinstein in the US reignited a debate, long predating the ...

02 Jun 2020

Strata corporation bylaws in NSW can ban pets, tribunal rules

by Merrill Phillips, Taree

Two of Sydney’s largest apartment towers ban residents from bringing pets into...

01 Jun 2020

Misleading or deceptive conduct, trademark infringement, or just clever business strategy? Which case won?

by George Koimanos, Parramatta

Upon having a hair treatment at an Israeli hairdressing salon, a Canadian ...

22 May 2020

Casual worker rights can include annual leave and sick leave, says Federal Court

by Emily Wittig, Hornsby

Landmark ruling based on employer’s advance commitment to ongoing work A ...

21 May 2020

Witnessing documents by video link in NSW: special measures introduced due to Covid-19

by Anneka Frayne, Tamworth

Witnessing documents previously done in person With much of the world working ...

20 May 2020

Could a man abstain from voting because it went against his personal religion of “freedom”? Which case won?

by Christopher Morris, Hornsby

A registered voter failed to attend a polling booth to vote in the 2016 federal ...

14 May 2020

Despite best intentions, JobKeeper creates problems for employers and employees

by Anneka Frayne, Tamworth

JobKeeper has all the right intentions – to keep workers in employment during ...

07 May 2020

Covid–19 risks to prisoners in NSW – justice delayed is justice denied

by Mark Warren, Hornsby

The delays caused by the COVID-19 pandemic have caused major disruptions to the ...

06 May 2020

Covid–19 effects on court process and criminal justice in NSW

by Mark Warren, Hornsby

Matters adjourned for lengthy periods to reduce numbers attending court The ...

05 May 2020

Was it repudiation of contract? Should the property buyer get the deposit back? Which case won?

by Nathan Stack, Taree

On 19 January 2018, a buyer and seller exchanged contracts for the sale and ...

30 Apr 2020

A negotiated agreement might be more attainable during a pandemic

by Anneka Frayne, Tamworth

Multiple factors can influence a person to resolve a dispute Do you have an ...

29 Apr 2020

Knowingly exposing children to risk of coronavirus infection reflects poorly in family law matters

by Sue Foote, Hornsby

Interests of children must come first Family Court proceedings can be complex ...

23 Apr 2020

Asking my employees to work from home – what’s the risk?

by Geoff Baldwin, Parramatta

For large numbers of businesses, closure and lockdown measures have meant that ...

23 Apr 2020

“Can I still see my kids during coronavirus?”- Your parenting plan and COVID-19

by Anneka Frayne, Tamworth

Multiple impacts on parenting plans due to coronavirus People who have recently...

21 Apr 2020

“We were in a de facto relationship and I should inherit some of his estate.” Which case won?

by Rita Fisher, Leura

On 8 August 2000, a man executed a will naming his younger brother as his ...

18 Apr 2020

How does coronavirus affect your retail, residential or commercial lease?

by Geoff Baldwin, Parramatta

One notable aspect of the effects of the coronavirus is that, because of the ...

17 Apr 2020

Australian government coronavirus response package infiltrates many corners of Australian law

by Geoff Baldwin, Parramatta

Exactly where the saying “desperate times call for desperate measures” comes...

15 Apr 2020

“I lost my job and can’t pay my rent!” – Covid-19 creates anxiety for tenants and landlords

by Anneka Frayne, Tamworth

COVID-19 emergency measures introduced by NSW government The NSW government has...

14 Apr 2020

Backing out of a house sale due to Covid-19? How will the property sale process change in the face of coronavirus?

by Anneka Frayne, Tamworth

What happens if you can’t continue with the property sale contract? COVID-19 ...

13 Apr 2020

Coronavirus and the machinery of government – how do governments enforce the restrictions they impose?

by Geoff Baldwin, Parramatta

Rules and restrictions related to COVID-19 Over the past few weeks, the media ...

08 Apr 2020

Trial by jury and Cardinal George Pell

by Geoff Baldwin, Parramatta

There will be more than enough fervent comment about the High Court’s ...

07 Apr 2020

Did the employer’s negligence cause the sales assistant’s psychiatric injury? Which case won?

by Phil Griffin, Bundall

On 1 November 2015, the sales assistant was behind the counter at a jewellery ...

07 Apr 2020

Australians rushing to update their legal will amidst coronavirus pandemic

by Joshua Crowther, Taree

The recent coronavirus outbreak has led to economic and health tidal waves ...

06 Apr 2020

“Help, I can’t pay my employees any more” – options for employers during the coronavirus pandemic

by Geoff Baldwin, Parramatta

Workers stood down as businesses forced to close What are the options open to ...

03 Apr 2020

Insolvency and bankruptcy law changes to prop up businesses during coronavirus

by Tony Mitchell, Tweed Heads

With Australian businesses closing their doors due to the coronavirus crisis, ...

01 Apr 2020

Do force majeure clauses apply to the coronavirus pandemic?

by Anneka Frayne, Tamworth

Force majeure, also known as an “Act of God”, is an unforeseeable event ...

31 Mar 2020

Your staff are all working from home – so what are your health and safety obligations as an employer?

by Emily Wittig, Hornsby

Employers still responsible for ensuring safe work environment With more and ...

30 Mar 2020

New police powers in NSW to help combat coronavirus

by Mark Warren, Hornsby

Police tasked with enforcing social distancing and self-isolation measures ...

26 Mar 2020

Liabilities of directors and managers during the coronavirus pandemic

by Geoff Baldwin, Parramatta

Over the past few weeks, Australia (and the rest of the world) has found itself ...

24 Mar 2020

Stacks Law Firm: Coronavirus (COVID-19) – Continuing to serve our communities during the pandemic

Our community is currently dealing with an unprecedented health crisis caused by...

24 Mar 2020

Is it casual employment because the worker’s contract says it is? Which case won?

by Emily Wittig, Hornsby

A man was engaged by a labour hire company that supplied labourers for mining ...

12 Mar 2020

Whose will applies if both parents die at the same time?

by Joshua Crowther, Taree

If the unthinkable were to happen and both parents die at the same time, say in ...

11 Mar 2020

Harvesting the sperm of a dead man – what does the law say?

by Anneka Frayne, Tamworth

The NSW Supreme Court has recently had to grapple with the question of who owns ...

10 Mar 2020

Father’s estate left to charity – but what about the son? Which case won?

by Joshua Crowther, Taree

A NSW man died in September 2018, leaving an estate of about $2.5 million. His ...

06 Mar 2020

Ouija board used by UK jury to determine verdict in murder trial

by Anneka Frayne, Tamworth

The principle of being judged by a jury of one’s peers is the cornerstone of ...

04 Mar 2020

Figuring out who the “relevant insurer” is under the Motor Accident Injuries Act in NSW

by Belinda Cassidy, Stacks Goudkamp, Elizabeth Street, Sydney

A new concept under the Motor Accident Injuries Act (MAI Act) that requires ...

03 Mar 2020

The NSW CTP scheme in practice – two years on

by Belinda Cassidy, Stacks Goudkamp, Elizabeth Street, Sydney

At a roundtable conducted by the Injury Compensation Committee of the Law ...

27 Feb 2020

How do you make a small claim in NSW?

If you find yourself in a position where you’re out of pocket because of ...

24 Feb 2020

Were the operators of the leisure park to blame for the child’s quad bike accident? Which case won?

by Alexander Morrison, Elizabeth Street, Sydney

The appellant was an 11-year-old child. Her mother phoned the leisure park to ...

18 Feb 2020

How to commence legal proceedings in NSW

by Anneka Frayne, Tamworth

In NSW, there are two categories of law: civil law and criminal law. Civil law ...

14 Feb 2020

Paying for funeral expenses following a road accident death

by Belinda Cassidy, Stacks Goudkamp, Elizabeth Street, Sydney

In 2018, there were 1,136 road deaths in Australia. That means there were over ...

13 Feb 2020

How the term “coward punch” won a $100,000 defamation payout

by Michael McHugh, Tamworth

For many years the families of “king-hit” victims have argued that this term...

11 Feb 2020

Could the buyer terminate the property sale contract due to mental illness? Which case won?

by Anneka Frayne, Tamworth

A seller and a buyer entered into a contract for the sale of land near Grafton ...

07 Feb 2020

High Court ruling restricts right to free speech in Australia

by Emily Wittig, Hornsby

In what is seen as a landmark decision against free speech, the High Court has ...

04 Feb 2020

Animal rights activists – what does the law say?

by Michael McHugh, Tamworth

In 2019, animal rights activist group Aussie Farms posted online maps of factory...

31 Jan 2020

Transferring control of a discretionary trust – what you should consider

by Tony Mitchell, Tweed Heads

For many years, Australians and organisations, including small businesses, SMEs ...

31 Jan 2020

Traumatic brain injury and compensation in NSW

by Tom Goudkamp OAM, Elizabeth Street, Sydney

A brain injury can have a terrible impact on a person’s life, regardless of ...

30 Jan 2020

Social media influencer wins payout after client breaches verbal contract

by Michael McHugh, Tamworth

The rise of social media across the globe has opened a huge market for people ...

28 Jan 2020

Does smacking children create an unacceptable risk of harm? Which case won?

by Ruth Whisker, Tweed Heads

The husband and wife had two children, born in 2010 and 2014, before they ...

22 Jan 2020

When our walls turn to glass – the end of privacy

by Geoff Baldwin, Parramatta

This article was written in response to a multitude of reader questions about ...

17 Jan 2020

Country of origin food labelling laws could pose challenges for Australian producers

by Geoff Baldwin, Parramatta

In July 2018, the Australian government introduced a mandatory country of origin...

16 Jan 2020

Signature forgery could land you ten years in jail

by Michael McHugh, Tamworth

Forgery has been prominent in the news over recent years, with the Banking Royal...

16 Jan 2020

Replica handguns a danger to owners and a legal headache in NSW

by John Gooley, Hornsby

Differences between state laws around Australia regarding imitation or replica ...

15 Jan 2020

Law on digital assets after death under review

by Tony Mitchell, Tweed Heads

With much of our lives now being documented online via social media and a range ...

13 Jan 2020

Cross border workers compensation claims in NSW and Queensland – which state’s insurer has to pay? Which case won?

by Chris Clarke, Tweed Heads

The employee was a delivery driver working from his employer’s warehouse in ...

10 Jan 2020

Climate change protests provoke debate on right to protest in Australia

by George Koimanos, Parramatta

Dozens of protesters have been arrested in Australia for demanding immediate ...

19 Dec 2019

Teen sexting laws eased while child sexual abuse penalties increased in NSW

by Peter Schmidt, Tamworth

At the end of 2018, the NSW government introduced reforms to child sexual abuse ...

06 Dec 2019

If a worker refuses biometric fingerprint scanning, is it unfair dismissal to sack them? Which case won?

by Mark Shumsky, Hornsby

A company introduced a biometric fingerprint scanning system as part of its new ...

02 Dec 2019

What is the process for buying a home? – Simple guide and flowchart

by Sue Steel, Tamworth

Buying a new home or a property can be one of the most exciting events of your ...

28 Nov 2019

Foreign resident tax rates and surcharges could sting the unwary

by Tony Mitchell, Tweed Heads

There are important laws governing investment in Australia by a foreign ...

27 Nov 2019

Know your rights under proposed laws for short term letting in NSW

by Michael McHugh, Tamworth

The NSW government has announced new regulations governing short term letting ...

26 Nov 2019

Was the employee who failed to follow her employer’s instructions to blame for her own injuries? Which case won?

by Grant Avery, Taree

In 1974 a woman secured an office job in a large Australian organisation. Her ...

13 Nov 2019

ACT marijuana laws may not give the anticipated high just yet

by John Gooley, Hornsby

The Australian Capital Territory has introduced new marijuana laws, making it ...

12 Nov 2019

Voluntary superannuation contributions from downsizing an opportunity for over 65s

by Tony Mitchell, Tweed Heads

Introduced in 2018, the downsizer superannuation contribution strategy gives ...

12 Nov 2019

Was it unfair dismissal to sack an employee for breaching the company’s social media policy? Which case won?

by Geoff Baldwin, Parramatta

A man had been employed by a company for about fifteen months when he was ...

31 Oct 2019

Mobile drug testing (MDT) and drivers who take prescription medication

by John Gooley, Hornsby

Increased focus on drug driving in NSW Public and government attention ...

29 Oct 2019

Was the email defamatory? Which case won?

by George Koimanos, Parramatta

The chairperson of the strata committee and the tenant lived in the same strata ...

17 Oct 2019

Defamation of a former employee can be costly

by Nathan Luke

Earlier this year, an employer who emailed warnings to clients about a former ...

15 Oct 2019

Is it OK if you’re just a bit late applying to set aside a statutory demand? Which case won?

by Jatinder Singh, Parramatta

In late June 2017, a government department (the ‘creditor’) instructed a ...

09 Oct 2019

Can you trademark a word or colour? The law says it depends

by Tony Mitchell, Tweed Heads

While you may think that a word is just a word and cannot be owned by an entity,...

02 Oct 2019

Is your companion animal your property? Or a beloved family member?

by Anneka Frayne, Tamworth

Owning a companion animal positively impacts our lives in many ways. From cats ...

02 Oct 2019

Was the victim of a phishing scam liable for his losses? Which case won?

by Zohra Ali, Parramatta

The case of a man who fell victim to a phishing scam reads as a textbook example...

25 Sep 2019

Computer-generated letters and the law – uncertainty following ATO decision

by Tony Mitchell, Tweed Heads

If a computer-generated letter arrives from the Australian Taxation Office ...

16 Sep 2019

Should the defendant go to jail for drug supply? Which case won?

by Peter Schmidt, Tamworth

In June 2015, a young man was apprehended by police and found to be in ...

11 Sep 2019

How long must you wait before disposing of abandoned property?

by Anneka Frayne, Tamworth

What happens when someone leaves their abandoned property with you but never ...

06 Sep 2019

Is a de facto relationship the same as a marriage?

by Anneka Frayne, Tamworth and Joshua Crowther, Taree

It’s a common misconception in Australia that people living in a de facto ...

06 Sep 2019

Gotcha! NSW highway patrol cameras zoom in over the shoulder of drivers using mobile phones

by John Gooley, Hornsby

Technology employed by NSW police constantly being refined and upgraded Drivers...

03 Sep 2019

Was the doctor negligent for failing to identify meningitis symptoms? Which case won?

by Phil Griffin, Bundall

In early September 2008, a woman, who was then 43, began suffering from neck ...

23 Aug 2019

Causing an avoidable surfboard accident could land you in court

by Justin Stack, Taree

With reckless behaviour on the rise at a number of Australian surf breaks, ...

20 Aug 2019

Was the police officer’s PTSD a total and permanent disability or was the insurer right to reject her claim? Which case won?

by Christopher Morris, Hornsby

A police officer worked for NSW Police and was involved in a number of traumatic...

06 Aug 2019

Could the property seller issue a Notice to Complete, terminate the contract and keep the 10% deposit? Which case won?

by Daniel Ponepaseut, Bowral

On 23 October 2014, two companies entered into a standard NSW contract for the ...

31 Jul 2019

Contractor or employee – the grey area of the gig economy

by Nathan Luke

An increasing number of Australian workers seeking permanent jobs are taking ...

30 Jul 2019

NSW prison population and the new sentencing laws – an update

by Mark Warren, Hornsby

In October 2018 we published the article New sentencing laws in NSW – ...

25 Jul 2019

What to do when a property co-owner won’t sell

by Anneka Frayne, Tamworth

What happens when you are a co-owner of a property and want to put it on the ...

24 Jul 2019

Estate planning at tax time: a prime opportunity to ensure your assets are protected

by Joshua Crowther, Taree

Tax time: it’s the one time of the year that you need to get your financial ...

19 Jul 2019

Was the hospital to blame for the patient’s infection after surgery? Which case won?

by Alexander Hairs, Elizabeth Street, Sydney

On 7 June 2010, a woman attended a hospital for the repair of an incisional ...

03 Jul 2019

Does a sperm donor have parental rights?

by Simone Timbs, Walcha

Advances in medical science have introduced a number of complex legal questions ...

01 Jul 2019

Should a permanently injured worker lose payments while waiting for assessment? Which case won?

by Digby Dunn, Forster

The initial injury happened in December 2000, when the worker fell while pushing...

24 Jun 2019

Did the man’s nephew deserve a share of his estate? Which case won?

by Zohra Ali, Parramatta

A man emigrated to Australia from Hong Kong in 1941, when he was in his late ...

18 Jun 2019

Can criticising the boss on social media get you sacked?

by Nathan Luke

An employee says something nasty about their boss or company on their private ...

17 Jun 2019

The high cost of preventable farm accidents

by Justin Stack, Taree

Farm accidents are devastating for both victims and farm owners, especially when...

14 Jun 2019

Assistance dog Boofhead wins disability discrimination case

by Nathan Luke

Peter Reurich enjoys taking his best friend, Boofhead, to the local RSL. ...

13 Jun 2019

Are you employed in casual work but doing the same job as a permanent employee?

by Nathan Luke

Approximately 20 per cent of Australians are currently employed in casual work. ...

11 Jun 2019

Was an easement that let one landowner park on a neighbour’s land valid? Which case won?

by David Crossan, Tweed Heads

Two landowners owned neighbouring harbourside properties (Property A and ...

28 May 2019

Illegal phoenix activity – government determined to expand crackdown efforts

by Anneka Frayne, Tamworth

Have you ever been owed money by a company, but when you attend to calling in ...

24 May 2019

Was the accused guilty of manslaughter for failing to ring triple-0? Which case won?

by Jack Miller

The deceased, the accused and another man were all misusers of prescription ...

14 May 2019

Fair Work Ombudsman wins first ruling against racial discrimination in the workplace

by Nathan Luke

In an Australian first, the Fair Work Ombudsman won a landmark case in the ...

14 May 2019

Did husband’s failure to disclose cause a miscarriage of justice? Which case won?

by Simone Timbs, Walcha

A couple moved in together in 1992 and married in 1997, but ultimately separated...

09 May 2019

Sydney developer uses squatter’s rights to claim ownership of a property in NSW

by Merrill Phillips, Taree

A decision in the NSW Supreme Court has ruled in favour of a property developer ...

08 May 2019

Escaping city life and moving to the country? Make sure you do your due diligence

by Merrill Phillips, Taree

Greater numbers of city dwellers are considering moving to the country to enjoy ...

02 May 2019

Could your regular employee performance reviews be illegal?

by Mark Port, Elizabeth Street, Sydney

Employers in Australia regularly conduct performance reviews with their ...

29 Apr 2019

Who should inherit the old man’s money? His friend or a charity? Which case won?

by Tony Mitchell, Tweed Heads

In the years prior to his death at the age of 87, a man instructed his solicitor...

26 Apr 2019

Option agreement to buy land must be in the appropriate form – developers take note

by Zohra Ali, Parramatta

What is an option agreement? An option agreement is a contractual document ...

11 Apr 2019

Before buying property with friends be aware of the potential pitfalls

by Merrill Phillips, Taree

Co-ownership an obvious option in a high-priced property market With sky-high ...

10 Apr 2019

Could a vendor terminate a contract to sell off-the-plan property after the sunset date? Which case won?

by Nathan Stack, Taree

The parties entered into a conveyancing transaction for off-the-plan ...

05 Apr 2019

A win for off-the-plan buyers in NSW – developers can no longer use sunset clause for financial gain

by Merrill Phillips, Taree

A recent landmark judgement in the NSW Supreme Court gave off-the-plan apartment...

04 Apr 2019

Photography and the law – when is it illegal to take a photo?

by Geoff Baldwin, Parramatta

Photographs are funny things – or not, depending on how much trouble they can ...

27 Mar 2019

Could a police officer claim damages for psychiatric injury after attending a fatal accident? Which case won?

by Chris Clarke, Tweed Heads

A Queensland police officer attended a motor vehicle accident in 2013 involving ...

12 Mar 2019

Should the insurance company have to pay up after a fire in a brothel? Which case won?

by Rita Lahoud, Parramatta

On 1 January 2012, there was a fire in a brothel which was run from premises in ...

21 Feb 2019

Why you should always report a crime in a business to police

by Geoff Baldwin, Parramatta

Sometimes, when a crime or a suspected crime has been committed in a workplace, ...

20 Feb 2019

Can threatening someone with religious sanctions be a criminal contempt of court? Which case won?

by Geoff Baldwin, Parramatta

In January 2016, two companies, one Australian-based and one US-based, entered ...

12 Feb 2019

Who gets to pick the child’s school when parents can’t agree? Which case won?

by Simone Timbs, Walcha

A couple had a child in 2008 and separated in 2010. The parents had distinctly ...

31 Jan 2019

Hobby or business? What’s the difference?

by Geoff Baldwin, Parramatta

Someone once said that sailing was like standing in a cold shower tearing up $20...

30 Jan 2019

Who caused the car accident – the driver, or an unidentified vehicle? Which case won?

by Sophie Lee, Taree

A car accident took place in Chatswood, NSW, on a dark and rainy day with poor ...

15 Jan 2019

When co-executors go to war, will there be anything left of the estate? Which case won?

by Kurt Topper

In April 2011 a woman died at 60 years of age. She was survived by her two adult...

08 Jan 2019

How to protect yourself with (or from) an apprehended violence order (AVO) in NSW

by Caitlin Drabble

An apprehended violence order (AVO), also commonly referred to as a ...

20 Dec 2018

Customers behaving badly – should businesses intervene and how should they respond?

by Geoff Baldwin, Parramatta

It is an unfortunate reality that there will be times businesses will encounter ...

12 Dec 2018

The interlock program in NSW – a basic guide

by Caitlin Drabble

What is the interlock program? When someone has committed a major driving and...

12 Dec 2018

Can an unsent text message be a valid will? Which case won?

by Anneka Frayne, Tamworth

A Queensland man took his own life, leaving behind his wife and several family ...

22 Nov 2018

Could a land owner terminate his option agreement with a developer because of delay by the developer? Which case won?

by Zohra Ali, Parramatta

A land owner owned a large block of land in West Pennant Hills, in Sydney’s ...

08 Nov 2018

Could a landlord recover rent and lease incentives after the tenant abandoned the premises? Which case won?

by David Crossan, Tweed Heads

A law firm was negotiating with a landlord for the lease of office premises in ...

29 Oct 2018

Can a company legally sack an employee who has been ill for ten months? Which case won?

by Emily Wittig, Hornsby

A man was employed by a company on a full-time basis as a channel manager. He ...

26 Oct 2018

Stacks conveyancer wins Australian Institute of Conveyancers NSW Division CEO Award

Article and photo supplied courtesy of Manning River Times. ...

25 Oct 2018

New sentencing laws in NSW – practical information for criminal lawyers and their clients

by Mark Warren, Hornsby

The new sentencing laws in NSW came into force in September 2018 and criminal ...

16 Oct 2018

What is testamentary capacity? A basic guide

by Joshua Crowther, Taree

As a lawyer specialising in wills and estates, I find myself increasingly ...

15 Oct 2018

What are the limits of a post-employment restraint clause in an employment contract? Which case won?

by Geoff Baldwin, Parramatta

A large clothing retailer with outlets all over Australia employed a chief ...

02 Oct 2018

Who carries the cost when an investor gets scammed? Which case won?

by Clayton Davis

In a case study reported in 2016 by the UK Financial Ombudsman, an investor in ...

02 Oct 2018

Algorithms, artificial intelligence, automated systems and the law

by Geoff Baldwin, Parramatta

In an item published recently in the ANU Reporter - Do we have a Frankenstein ...

26 Sep 2018

How to avoid a drivers licence suspension in NSW

by Caitlin Drabble

The obvious answer to the question of how to avoid a drivers licence suspension ...

18 Sep 2018

What’s in a tablet? Understanding the dangers of chemically synthesised drugs

by John Gooley, Hornsby

The actual contents of many of the ecstasy tablets and other tablets that people...

18 Sep 2018

When does negligent driving become a criminal offence? Which case won?

by Mark Warren, Hornsby

In the mid-afternoon of 18 April 2016, a driver was driving her car along ...

04 Sep 2018

Should the husband get a much larger share of the marital assets than the wife after their divorce? Which case won?

by Rita Fisher, Leura

The husband was aged 39, the wife was aged 37 and they had been married for ...

30 Aug 2018

Why your non-dental cavities may be of interest to the authorities

by John Gooley, Hornsby

There is currently a stand-off of sorts between the NSW Police and the NSW ...

22 Aug 2018

Was it an inexperienced doctor, unnecessary surgery or just bad luck? Which case won?

by Julie Mahony, Elizabeth Street, Sydney

The patient was a 73-year-old man who was happy, fit and active. In early 2011, ...

06 Aug 2018

Did the old man have the mental capacity to change his will? Which case won?

by Joshua Crowther, Taree

In 2011, a man signed a will which gave his estate to his three children ...

25 Jul 2018

Appealing fines to Revenue NSW becoming an increasingly pointless exercise

by John Gooley, Hornsby

More people opting to go to court rather than appealing to Revenue NSW If you ...

25 Jul 2018

Could the council force a home owner to remove a caravan from her land? Which case won?

by Anneka Frayne, Tamworth and Kate Byrne, Tamworth

A Sydney council became aware of home owners in the local area who had converted...

18 Jul 2018

“We’ve been fighting for years – will my child be able to access the court records?“

by Ruth Whisker, Tweed Heads

You have been fighting for years with your ex-husband/wife/partner over the ...

12 Jul 2018

What happens at settlement when you buy a home – and what can go wrong

by Anneka Frayne, Tamworth

Buying a new home or a property can be one of the most exciting events of your ...

09 Jul 2018

Who was to blame for a drunken motorcycle collision? Which case won?

by Brett Watts, Elizabeth Street, Sydney

At 5:15 in the morning following a night of heavy drinking, the plaintiff and ...

04 Jul 2018

Automatic vehicle registration in NSW – beware the pensioner trap

by John Gooley, Hornsby

In New South Wales, pension concession card holders who receive free vehicle ...

26 Jun 2018

Can you copy someone else’s building plans? Which case won?

by Rita Lahoud, Parramatta

A couple owned a block of land in Port Douglas, Queensland, and set out to build...

21 Jun 2018

“I can just convert my shed into a granny flat without getting council approval, can’t I? Who would know?” – Wrong!

by Merrill Phillips, Taree

Changing the use of a non-habitable area into a habitable area should not be ...

20 Jun 2018

Home downsizer superannuation contribution offers opportunity to retirees

by Tony Mitchell, Tweed Heads

Important changes are coming to the law on superannuation from 1 July 2018 that ...

15 Jun 2018

Compulsory acquisition of properties in NSW now not so certain

by Digby Dunn, Forster

A landmark court decision has delivered a blow to the NSW government’s ...

13 Jun 2018

Prenup signed on eve of wedding – was there undue influence? Which case won?

by Nathan McEwan

A couple became acquainted on the internet via a website for potential brides. ...

08 Jun 2018

Workers compensation system in NSW improves with access to free legal help

by Justin Stack, Taree

Much needed changes to the workers compensation scheme announced in May 2018 ...

06 Jun 2018

Do police have the right to search your phone in NSW?

by Anneka Frayne, Tamworth and John Gooley, Hornsby

You are stopped on the street by police. They tell you to turn out your pockets....

05 Jun 2018

Modern slavery – what can be done?

by Geoff Baldwin, Parramatta

In 1857, the political equilibrium of the United States of America was rocked by...

30 May 2018

Were the mechanic’s injuries caused by the negligence of the company that employed him? Which case won?

by Sian-Louise Perez, Elizabeth Street, Sydney

A light vehicle mechanic employed by a service company was working as an ...

18 May 2018

Joint tenants or tenants in common – which one should you choose?

by Merrill Phillips, Taree

I often get asked “What is the difference between joint tenants and tenants in...

17 May 2018

“I’ve separated – when do I go to court?”

by Ruth Whisker, Tweed Heads

Unlike what you see on television or read about in gossip magazines about ...

16 May 2018

Lodging a successful compensation claim in Queensland: pitfalls to avoid

by Phil Griffin, Bundall

Lodging a successful compensation claim in Queensland can hinge on a number of...

16 May 2018

Could an accounting firm restrain a former employee from doing work for one of its clients? Which case won?

by Clayton Davis

In 2003, a nineteen-year-old man began employment as a trainee accountant with a...

15 May 2018

How are compensation claims calculated in Queensland?

by Phil Griffin, Bundall

The first question most people ask regarding compensation is how much money they...

04 May 2018

Emojis adding new dimension of unpredictability and ambiguity to electronic communications

by Geoff Baldwin, Parramatta

A recent US article (by Mike Cherney in the Wall Street Journal Online) drew ...

03 May 2018

Should a property buyer get a discount because the seller left too much rubbish behind? Which case won?

by Nathan Stack, Taree

A property in North Bondi was sold at auction on 21 November 2013 for ...

26 Apr 2018

Window safety devices for strata schemes in NSW intended to promote child safety

by David Crossan, Tweed Heads

From 13 March 2018, all strata buildings in New South Wales must be fitted with ...

19 Apr 2018

She made his life a misery but still wanted part of his estate – which case won?

by Kate Byrne, Tamworth

They met in 1984, when he was a doctor and she was his patient. They had a ...

12 Apr 2018

You have a Court Attendance Notice, now what? Timeline of a criminal charge in the local court

by Caitlin Drabble

If you have received a Court Attendance Notice, it will tell you what you are ...

12 Apr 2018

Non-compete clause in shopping centre lease leads to discrimination complaint against barber shop

by Geoff Baldwin, Parramatta

A Brisbane barber shop was recently in the press for denying services to a woman...

10 Apr 2018

Kurt Topper dancing for cancer research

Kurt Topper, Director of Stacks Heard McEwan and our Wollongong-based Accredited...

06 Apr 2018

Filming an accident instead of helping – what the law says in New South Wales

by Nathan Luke

We see it on social media and on the TV news all the time – someone films an ...

04 Apr 2018

Did the police obtain evidence unlawfully? Would the drug possession charge be dismissed? Which case won?

by Caitlin Drabble

A man was riding a motorcycle along a road when he was stopped by police for not...

21 Mar 2018

Who keeps the deposit when a property sale falls through? Which case won?

by Tony Mitchell, Tweed Heads

A parcel of land in Fairfield, Sydney, was sold at auction for $1.46 million. ...

15 Mar 2018

What is the process for getting a divorce?

by Anneka Frayne, Tamworth

The divorce process is a separate process to that of a property settlement after...

13 Mar 2018

Costs orders and litigation – beware unpredictable outcomes and always take settlement offers seriously

by Zohra Ali, Parramatta

I was recently involved in a case where someone was offered half a million ...

07 Mar 2018

The lessor or the liquidator – who owns leased equipment when a company goes into liquidation? Which case won?

by Bill Akhurst, Forster

In this case, a power company had been retained by a government body in Western ...

01 Mar 2018

“Cannabis caution” and other civil penalties for minor criminal offences in New South Wales

by Caitlin Drabble

If you get a Court Attendance Notice in NSW, you are required to attend court. ...

23 Feb 2018

Is it OK for bosses to shout at their employees?

by Geoff Baldwin, Parramatta

Probably none of us needs media revelations to be aware of bosses who command ...

22 Feb 2018

Should the owner of a landlocked property be able to access it by vehicle? Which case won?

by Neville Hesford, Bowral

This case concerned a property in south-western Sydney. The property was ...

21 Feb 2018

Unfair B2B contracts – JJ Richards decision gives small businesses a glimmer of hope

by Geoff Baldwin, Parramatta

The most recent development in the law related to unfair business to business ...

15 Feb 2018

Pregnancy discrimination to be addressed by amendment to NSW legislation

by Nathan Luke

Two days before a woman was to begin maternity leave she was made redundant by ...

14 Feb 2018

Beware of your life continuing in the cloud after you die

by Joshua Crowther, Taree

Recently a court had to rule on whether a will written as an unsent 54-word text...

13 Feb 2018

Prenups on shaky ground after High Court decision

by Anneka Frayne, Tamworth

Prenuptial agreements appear to be on shaky legal ground after a recent landmark...

08 Feb 2018

The elusive and sought after “section 10” in criminal and traffic prosecutions in NSW

by Caitlin Drabble

Committing a criminal or traffic offence in NSW does not always lead to a ...

08 Feb 2018

Electronic property settlements through PEXA point to future obsolescence of all paper contracts

by Joseph Kemp, Parramatta

The final process in any property transaction is the settlement, when the ...

07 Feb 2018

Were they in a de facto relationship? Should the financial agreement stand? Which case won?

by Timothy Losco

The parties met in late 2011 at a massage parlour, where the woman worked. The ...

01 Feb 2018

Conveyancing through the ages in NSW

by Merrill Phillips, Taree

Have you ever thought about the evolution of land ownership in New South Wales ...

30 Jan 2018

Same sex couples who married overseas should check legal status of wills

by Hiliary Thornberry, Tamworth

Just when same sex couples thought the long fight for marriage equality in ...

25 Jan 2018

Legal rights of the injured suffer in new green slip changes in NSW

by Justin Stack, Taree

The legal rights of people injured in motor vehicle accidents are being further ...

24 Jan 2018

Are creditors able to block the sale of a small business?

by Geoff Baldwin, Parramatta

Sometimes we are contacted by small business owners who are concerned that a ...

23 Jan 2018

“I want half” – common myth that assets split equally in family law property settlement

by Ruth Whisker, Tweed Heads

There appears to be a misconception in the community that when a marriage or de ...

23 Jan 2018

Which case won? Could a bank enforce a loan agreement where one of the signatures was forged?

by Geoff Roberson, Parramatta

A company was established in 1991 and operated a paintball field on a property ...

18 Jan 2018

Residential land buyers in NSW increasingly forced to waive cooling off period

by Anneka Frayne, Tamworth

In NSW, purchasers of residential land are entitled to a five day cooling off ...

16 Jan 2018

Address workplace risks from technology and social media with a code of conduct for employees

by Geoff Baldwin, Parramatta

It goes without saying that all employees have private lives. It was probably ...

11 Jan 2018

What should employers do when personal relationships between employees turn sour?

by Geoff Baldwin, Parramatta

Arguably one of the most delicate and sensitive challenges an employer can face ...

09 Jan 2018

Could Pizza Hut force franchisees to sell pizzas at a loss? Or is that unconscionable conduct? Which case won?

by Anneka Frayne, Tamworth

In 2014, the franchisor of the Pizza Hut system in Australia devised a new ...

12 Dec 2017

The bankrupt, the trustee and the superannuation fund – which case won?

by Mark Joseph, Leura

A man was declared bankrupt and a trustee in bankruptcy was appointed to his ...

01 Dec 2017

Major consequences for franchise businesses under new laws

by Geoff Baldwin, Parramatta

After a spate of revelations of franchise businesses underpaying their ...

29 Nov 2017

Stay informed and alert to avoid falling prey to Christmas scammers

by Nathan Luke

By now we should all recognise the scam phone calls: “Hello, I’m from ...

29 Nov 2017

Coveting my neighbour’s access – the driveway, the easement and the battle of the battle-axe block – which case won?

by Mark Warren, Hornsby

The defendants owned a block of land in Thornleigh, on Sydney’s upper north ...

24 Nov 2017

Tribunal rules Airbnb rentals can’t be banned in apartment blocks

by Michael McHugh, Tamworth

A recent landmark legal decision has made it far more difficult for body ...

24 Nov 2017

DNA testing in family law – tell us, who’s your daddy?

by Ruth Whisker, Tweed Heads

As solicitors we see many reasons why parents want DNA testing. Some men want to...

23 Nov 2017

Unreleased personal guarantees can threaten financial wellbeing of retired directors of a family business

by Tony Mitchell, Tweed Heads

Most businesses that are operated as a company or trust are required to provide ...

21 Nov 2017

Employees should know their legal rights in the workplace

by Nathan Luke

The recent row over a young woman who was dismissed soon after making a sexual ...

21 Nov 2017

False or misleading claims in advertising and marketing can cost the unwary

by Tony Mitchell, Tweed Heads

Consumer watchdogs are cracking down on companies that make false or misleading ...

16 Nov 2017

Employees behaving badly – what can you do as an employer?

by Geoff Baldwin, Parramatta

Business owners and operators can usually expect that the challenges of managing...

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?

by Clayton Davis

Sendle Pty Ltd is a Sydney-based parcel delivery company that provides low-cost,...

14 Nov 2017

Buying off the plan? Be aware of the pitfalls and do your due diligence

by Zohra Ali, Parramatta

It is no secret that the Sydney real estate market has been experiencing a boom ...

09 Nov 2017

Getting independent legal advice before you go guarantor on someone’s loan

by Nathan Stack, Taree

Going guarantor on someone else’s loan or debt is a serious commitment which ...

01 Nov 2017

Could a husband claim a share in his ex-wife’s lottery win? Which case won?

by Simone Timbs, Walcha

The couple had been married for 20 years at the time of separation in July 2008....

01 Nov 2017

Defamation actions: the high cost of social media posts, comments and “likes”

by Anneka Frayne, Tamworth

Rebel Wilson’s massive $4.5 million damages award – the highest by a court ...

31 Oct 2017

Whistleblower protections need boosting as public/private sector boundary continues to shift

by Geoff Baldwin, Parramatta

Whistleblower protections are in the news again. With the possible added ...

25 Oct 2017

Crackdown on phoenix companies to introduce director identification numbers

by Michael McHugh, Tamworth

In an effort to crack down on phoenix companies that are stripped of assets and ...

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?

by Sara Woolford, Hornsby

The couple first started living together in 1994, were married in 1995 and had ...

17 Oct 2017

Unfair dismissal: sacking of employee who warned employer she had “overindulged” deemed to be harsh

by Nathan Luke

A recent unfair dismissal case concerned a woman who was employed to scale, ...

12 Oct 2017

Rego stickers, ANPR and NSW government revenue – too good an opportunity to miss

by John Gooley, Hornsby

In my recent article Automatic number plate recognition (ANPR) technology not to...

12 Oct 2017

Changes to property and conveyancing laws in NSW in 2017

by David Crossan, Tweed Heads

There have been many recent changes to NSW property laws affecting conveyancing ...

10 Oct 2017

Selling your business – make sure you get the details right

by Peter Franke

When you’re selling your business, it can be a difficult and emotional time. ...

10 Oct 2017

Automatic number plate recognition (ANPR) technology not to be underestimated

by John Gooley, Hornsby

All Australian states and territories now use both fixed and mobile automatic ...

05 Oct 2017

Changes to workers compensation payments in NSW to hit vulnerable injured workers

by Justin Stack, Taree

The NSW government’s changes to the workers compensation payments for people ...

05 Oct 2017

Dangers of changing your home ownership structure in your senior years

by Tony Mitchell, Tweed Heads

Parents and grandparents are coming under increasing pressure to use their home ...

04 Oct 2017

If the wedding’s off, who keeps the engagement ring?

by Anneka Frayne, Tamworth

Well, the wedding is off. Love fled when the couple got to know each other ...

03 Oct 2017

Government compulsorily acquires land for new road – was the land owner properly compensated? Which case won?

by Digby Dunn, Forster

The Roads and Traffic Authority of NSW had compulsorily acquired part of a rural...

03 Oct 2017

Richard Johnson retiring after a great innings at Stacks Law Firm

On 1 December this year, Richard Johnson will be retiring from his position as ...

26 Sep 2017

Beware increased government fines for privacy breaches

by Nathan Luke

Companies should be aware of laws governing privacy breaches, consumer rights ...

26 Sep 2017

We should be wary of restrictions on freedom of speech

by Anneka Frayne, Tamworth

We tend to believe we have a right to freedom of speech, that we can say what we...

21 Sep 2017

Need for caution before signing a retirement village contract

by Kate Byrne, Tamworth

Recent revelations of elderly people being thrown out of home because of fine ...

20 Sep 2017

Did “Duff” contravene the advertising code for alcoholic beverages? Which case (of beer) won?

by Nathan Luke

In 2014, supermarket industry behemoth Woolworths introduced an officially ...

19 Sep 2017

Elder financial abuse – confronting a hidden epidemic

by Joshua Crowther, Taree

Elder financial abuse – where a person takes advantage of an elder person’s ...

13 Sep 2017

Anneka Frayne a finalist in Women in Law Awards 2017

Tamworth associate Anneka Frayne has been named as a finalist in the “Young ...

08 Sep 2017

Changes to NSW motor accident laws – your definitive guide

On 30 March 2017, the NSW Motor Accidents Injuries Bill 2017 was passed by ...

07 Sep 2017

When does an email exchange turn into a binding contract? Which case won?

by Nathan Heard

A case heard recently in Western Australia concerned a dispute between a ...

23 Aug 2017

What obligations does an employer have to employees who travel for work?

by Nathan Luke

Every day millions of Australians travel to and from work. The law has accepted ...

22 Aug 2017

Would the Court of Appeal increase a dangerous driver’s jail term? Which case won?

by Peter Schmidt, Tamworth

On an evening in 2015, a 19-year-old man was driving the streets of a small ...

22 Aug 2017

Drone laws in Australia evolving slower than drone technology

by John Glynn, Tamworth

With the boom in sales of small unmanned aerial vehicles, or drones, aviation ...

15 Aug 2017

So you want to start a business. Which business model should you choose?

by Geoff Baldwin, Parramatta

Small businesses feature a lot in the rhetoric of politicians, who love to say ...

10 Aug 2017

Marriage, divorce and decree of nullity – what is the law in Australia?

by Rita Fisher, Leura

Can a marriage be legal if your new wife or husband refuses to have sex with you...

10 Aug 2017

Defendant’s criminal sentence hangs on court’s interpretation of a comma – which case won?

by Geoff Baldwin, Parramatta

In a case decided in 2016 by the United States Supreme Court, a defendant had ...

02 Aug 2017

Three years’ jail for revenge porn under new laws in NSW

by Anneka Frayne, Tamworth

In June 2017, new laws were passed by NSW parliament to crack down on the ...

27 Jul 2017

What happens after separation?

by Anneka Frayne, Tamworth

Family separation is a very difficult time for everyone involved, and to make it...

26 Jul 2017

Was the binding financial agreement unfair? Did the court set it aside? Which case won?

by Anneka Frayne, Tamworth

A binding financial agreement (also commonly known as a prenuptial agreement or ...

26 Jul 2017

Bullying and harassment claims in the workplace – employers need to be aware of risks

by Geoff Baldwin, Parramatta

The modern workplace continually presents challenges for business owners and ...

12 Jul 2017

Man cuts off neighbour’s finger with hedge clippers – was he guilty of recklessly inflicting grievous bodily harm? Which case won?

by John Gooley, Hornsby

On a balmy afternoon on new year’s eve, in one of Sydney’s most exclusive ...

06 Jul 2017

Section 32 mental health treatment plans – NSW Supreme Court clarifies requirements

by Mark Warren, Hornsby

In a recent appeal by the Director of Public Prosecutions, the Supreme Court has...

06 Jul 2017

Unfair contracts – the law continues to develop

by Geoff Baldwin, Parramatta

Australia is often spoken of as the “land of the fair go”, but how true is ...

30 Jun 2017

Why contempt of court matters, even for government ministers

by Maurie Stack

The independence of the judiciary from the political arm of government is a ...

28 Jun 2017

Brother sues sister who pocketed 100% of their dad’s superannuation fund – which case won?

by Tony Mitchell, Tweed Heads

A case heard in the NSW Supreme Court concerned a battle between two siblings ...

21 Jun 2017

Plain packaging tobacco decision shows intellectual property is not sacrosanct

by Tony Mitchell, Tweed Heads

Where once intellectual property rights were considered sacrosanct, a couple of ...

21 Jun 2017

Importance of rule of law in democratic society

by Iain Miller, Elizabeth Street, Sydney

Whether or not you agree with the recent judicial review of US president Donald ...

15 Jun 2017

Rear view cameras in highway patrol vehicles and the so-called “2 km rule”

by John Gooley, Hornsby

Several matters heard recently in the local courts have featured the rear view ...

14 Jun 2017

“Excessive self-defence” and use of force to protect yourself against an intruder

by Jessica Mackay, Taree

It’s everybody’s nightmare. A person breaks into your home and threatens ...

13 Jun 2017

The electricity company, the farmer, the truck driver and the power line – which case won?

by Sophie Lee, Taree

A farm owner retained a truck driver to collect sheep in Queensland and drive ...

09 Jun 2017

Think our laws are dumb? Wait till you hear the one about the Witchcraft Act 1735

by Iain Miller, Elizabeth Street, Sydney

Do you ever feel caught out by a silly or obsolete law? If so, consider ...

08 Jun 2017

Smartphone data and proof of innocence or guilt in criminal trials

by John Gooley, Hornsby

Seven years ago, in 2010, I defended a 60-year-old male client who was falsely ...

06 Jun 2017

Celebrity criminals and the proceeds of crime – why crime doesn’t pay

by Nathan Luke

Celebrity criminals such as Schapelle Corby may be offered huge amounts of money...

02 Jun 2017

What can you do if your roof solar panels are going to lose their direct sunlight?

by Digby Dunn, Forster

You’ve invested a lot of money installing solar panels on your roof. It’s ...

01 Jun 2017

Checklist: practical steps to take on separation or divorce

by Rita Fisher, Leura

Going through a separation can be a challenging process. As well as attending to...

31 May 2017

Did the hospital owe a duty of care to the friend of a mentally ill patient? Which case won?

by Iain Miller, Elizabeth Street, Sydney

A Victorian man had a long history of chronic paranoid schizophrenia and was ...

23 May 2017

Forfeiture rule: why you can’t kill your parents and then inherit their estate

by Kurt Topper

A NSW woman is campaigning to change the law so that her brother who killed ...

18 May 2017

Time for stronger laws against revenge porn

by Anneka Frayne, Tamworth

One in five Australians have been affected by so-called “revenge porn” – ...

18 May 2017

Tax Office tries to stop company transferring land after large tax assessment – which case won?

by Mark Joseph, Leura

Following a tax assessment, the corporate trustee of a family trust was found to...

10 May 2017

Defamation, privacy breaches and misrepresentation claims: the perils of giving job references

by Nathan Luke

You apply for a job you really want, but don’t get it. Later you find out that...

03 May 2017

The lighter side of the law: when law and comedy collide

by Geoff Roberson, Parramatta

On the face of it, there doesn’t seem to be much that is amusing about the ...

03 May 2017

Was the company entitled to restrain its former employee from setting up a competing business? Which case won?

by Clayton Davis

The company in question manufactured and sold school uniforms in NSW. The ...

02 May 2017

Child custody: “My ex won’t let me see my children. What can I do?”

by Zohra Ali, Parramatta

A client recently expressed his family law dilemma: "She won't let me see my ...

28 Apr 2017

Tree disputes with neighbours best resolved by mediation

by Anneka Frayne, Tamworth

Tree disputes are among the most common causes of problems between neighbours in...

20 Apr 2017

Dissolving strata title and the potential for capital gains tax (CGT) liability

by Mark Joseph, Leura

Although still uncommon, dissolving strata titles is becoming more prevalent ...

18 Apr 2017

Was the bank customer who withdrew $2 million he didn’t have guilty of a crime? Which case won?

by Fouad Awada

In March 2010 a 22-year-old customer of St George Bank opened a new account at ...

11 Apr 2017

Perpetrators of local online scams being brought to justice

by Anneka Frayne, Tamworth

A few recent convictions demonstrate that some progress is being made in the ...

11 Apr 2017

Land tax exemption for primary production may be available for property developers and land bankers

by David Crossan, Tweed Heads

Property developers and land bankers holding land for future development have ...

06 Apr 2017

When can police detain you and ask for identification in NSW?

by Jessica Mackay, Taree

The NSW District Court recently awarded a Sydney man $3,201 for false ...

05 Apr 2017

Benefits for both tenants and landlords in changes to NSW retail leasing laws

by Neville Hesford, Bowral

The NSW Retail Leases Amendment (Review) Bill 2016 was introduced into the ...

03 Apr 2017

Hornsby law firm Collins & Thompson broadens horizons by joining Stacks Law Firm

by David Thompson, Hornsby

Hornsby law firm Collins & Thompson is broadening its horizons by joining ...

31 Mar 2017

“Not guilty Your Honour, I was sleepwalking when I did it”

by Nathan Luke

A 21-year-old Coffs Harbour man was recently found not guilty of breaking into a...

29 Mar 2017

Army officer claims unfair dismissal after sacking for homophobic views – which case won?

by Geoff Baldwin, Parramatta

The dismissed employee had joined the Army Reserve in 1997. He then transferred ...

28 Mar 2017

Strategic partnerships – how to avoid coming to grief

by Geoff Roberson, Parramatta

An ideal way to grow a business is to enter into strategic partnerships with ...

24 Mar 2017

Is my privacy really protected under Australian law?

by Anneka Frayne, Tamworth

Consider these three privacy incidents: The Minister for Human Services ...

17 Mar 2017

Pursuing a breach of property orders in family law

by Viktorija Saric

A client recently asked about her family law situation and her former partner: ...

16 Mar 2017

NSW workers compensation scheme failing, review finds

by Maurie Stack

A review of the controversial changes to the NSW workers compensation scheme has...

15 Mar 2017

Fencing manufacturer sues rival for infringing its registered design – which case won?

by Geoff Roberson, Parramatta

A case heard in the Federal Court in 2013 concerned a manufacturer of steel ...

14 Mar 2017

“My ex has started a new business using our old business equipment. Can his new business be part of the asset pool in our property settlement?”

by Nathan McEwan

This is not an uncommon question. While it may seem simple at first glance, it ...

09 Mar 2017

Checklist – ten things to remember when buying or selling real estate

by Tony Mitchell, Tweed Heads

Buying or selling real estate can be daunting if you are not familiar with the ...

08 Mar 2017

Estranged daughter brings successful family provision claim after being left out of mother’s will

by Joshua Crowther, Taree

The recent case of Jodell v Woods before the NSW Supreme Court highlights how a ...

01 Mar 2017

Should a jury know only what is said in the court?

by Nathan Luke

A young journalist was recently convicted of sub judice contempt of court and ...

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 ...

23 Feb 2017

Personal injury on a sporting field – who is liable? And who foots the bill?

by Justin Stack, Taree

We see it all the time - people doing violent things on the sports field that ...

16 Feb 2017

Was son entitled to share of mother’s estate to boost his superannuation fund? Which case won?

by Joshua Crowther, Taree

A case heard in the NSW Supreme Court of Appeal concerned a 43 year old ...

15 Feb 2017

She made his life hell but still got a chunk of his estate

by Joshua Crowther, Taree

An ex-wife who vowed she would make “what was left” of her ex-husband’s ...

14 Feb 2017

Helping your business survive through death and divorce – family law and estate planning strategies

by Nathan McEwan and Kurt Topper

In a business context, the failure of a marriage or de facto relationship or the...

14 Feb 2017

Should a deaf person be able to serve on a jury?

by Jessica Mackay, Taree

Gaye Lyons is profoundly deaf. She can lip read, but her usual method of ...

02 Feb 2017

Stupidity not necessarily a sackable offence, says Fair Work Commission

by Nathan Luke

We all know not to make jokes about bombs when we go through the airport. ...

27 Jan 2017

Relocating to another state with your child after divorce: steps you can take

by Ruth Whisker, Tweed Heads

So you’ve met the partner of your dreams and want to live happily ever after, ...

27 Jan 2017

What happens to your business when you get divorced?

by Nathan McEwan

Whether you are married or in a de facto relationship, divorcing or separating ...

26 Jan 2017

Were they in a de facto relationship at the time of the IVF conception? Which case won?

by Simone Timbs, Walcha

A case heard in the Family Court centred on a rather unusual dispute between two...

25 Jan 2017

Does a bank have a duty of care to its customers during a robbery?

by Anneka Frayne, Tamworth

Imagine you are a bank customer caught up in a bank robbery. There you are ...

19 Jan 2017

“I was approached by the police. What are my rights in New South Wales?”

by Fouad Awada

There are certain directions from police officers in NSW which must be followed ...

18 Jan 2017

Proof that it’s worth challenging government’s compulsory property acquisition

by Digby Dunn, Forster

Thousands of people in NSW are facing having their homes and property ...

18 Jan 2017

Documenting agreements in family law – parenting plans, consent orders and binding financial agreements

by Viktorija Saric

Recently we published the article Five good reasons to try to resolve your ...

17 Jan 2017

Beware of black market rent-to-buy housing schemes

by Tony Mitchell, Tweed Heads

It’s hard to save up money for a deposit on a home in today’s high priced ...

17 Jan 2017

Importance of succession planning to keep the family farm in the family

by Anneka Frayne, Tamworth

Making sure the family farm or family business stays in the family might seem ...

11 Jan 2017

Can spilling hot tea on a passenger make an airline liable? Which case won?

by Victoria Roy, Elizabeth Street, Sydney

A case heard in the NSW Supreme Court concerned a Sydney woman who suffered a ...

20 Dec 2016

The importance of emotional intelligence for lawyers

by Ruth Hudson, Elizabeth Street, Sydney

Growing up and then coming to study law, I had always worried that my tendency ...

20 Dec 2016

Why it’s OK to sue your own family or friends for injuries

by Maurie Stack

The parents of a baby girl successfully sued the girl’s grandmother for ...

15 Dec 2016

Developer tries to terminate off-the-plan sale to cash in on soaring property prices – which case won?

by Peter Franke

Common in the contract for most off-the-plan real estate sales is what’s known...

09 Dec 2016

Family lawyers urged to steer clients towards private mediation

by Tim Couch, Port Macquarie

In the years I have practised in family law I have become convinced of the many ...

08 Dec 2016

Consumers urged to be wary of scams over Christmas

by Nathan Luke

While most of us think of Christmas as the season of goodwill and happy ...

08 Dec 2016

Ten point checklist to update your estate planning

by Tony Mitchell, Tweed Heads

New year’s resolutions usually last as long as the beer and cake left over ...

07 Dec 2016

Employing backpackers – be a fair employer and stay on the right side of the law

by Geoff Baldwin, Parramatta

Everyone loves a bargain and backpackers are seen as an endless source of cheap ...

02 Dec 2016

Work Christmas parties – setting boundaries of behaviour and staying out of trouble

by Nathan Luke

The circumstances in which you can sack a worker for terrible behaviour at a ...

01 Dec 2016

What can you do if the view from your property is about to be blocked?

by Merrill Phillips, Taree

You’ve spent a huge amount of your hard-earned dollars on a home with a ...

29 Nov 2016

Can you murder someone who’s already dead? Which case won?

by Jessica Mackay, Taree

Earlier this year, a very unusual murder trial was heard in the Victorian ...

29 Nov 2016

Trump victory demonstrates why we need compulsory voting

by Maurie Stack

The outcome of the US presidential election provides a convincing argument for ...

22 Nov 2016

How to make your will challenge-proof

by Joshua Crowther, Taree

Challenging wills has become much more widespread, as property prices have ...

17 Nov 2016

Questions real estate agents ask about prescribed documents in property sales

by Amy Williams, Bowral

In my work as a licensed conveyancer, I am often approached by real estate ...

17 Nov 2016

Five good reasons to try to resolve your family law property and parenting disputes through private mediation

by Tim Couch, Port Macquarie

So you’ve separated from your husband, wife or partner. Your stress and ...

17 Nov 2016

Beware of using a statutory demand as a debt collection exercise

by Anneka Frayne, Tamworth

What is a statutory demand? A statutory demand is a demand sent to a company ...

11 Nov 2016

Maternity leave, paternity leave, partner leave, adoption leave and employee’s right to return to the same position

by Geoff Baldwin, Parramatta

“Parental leave entitlements” is a broad term covering maternity leave, ...

28 Oct 2016

Identity checks vital to combating fraud in property transactions

by Merrill Phillips, Taree

A case in the ACT Supreme Court earlier this year, Astell v Australian Capital ...

27 Oct 2016

Changes to strata laws in NSW aim to deliver urban renewal and boost housing supply

by Anneka Frayne, Tamworth

New strata laws which come into effect in NSW on 30 November introduce changes ...

21 Oct 2016

Vale Terry Curley

by Maurie Stack

Many people have been saddened to hear of the passing of Terry Curley at the age...

14 Oct 2016

Workers compensation changes in NSW leaving injured workers in the lurch

by Grant Avery, Taree

A study by Macquarie University has found changes the government made to the NSW...

11 Oct 2016

Taree and District Eisteddfod’s golden year ahead

by Tim Stack OAM, Taree

Article supplied courtesy of Manning River Times. Tim Stack has been elected ...

07 Oct 2016

Protecting the family farm with a family trust – universal panacea or double-edged sword?

by Anneka Frayne, Tamworth

One of the best ways to protect your assets is through a family trust. However, ...

04 Oct 2016

Compulsory acquisition of your property: stand up for your rights and don’t let yourself be bullied. Free help is available.

by Digby Dunn, Forster

Being told by the government that your home or property is about to be seized ...

04 Oct 2016

Rotary party in Centrepoint Arcade Taree for fundraising event

by Maurie Stack

Article supplied courtesy of Manning River Times. Local Rotarians and ...

28 Sep 2016

Proposed reforms to NSW CTP scheme to disadvantage accident victims and safeguard insurers’ profits

by Justin Stack, Taree

People injured in vehicle accidents in NSW are heading for a far worse ...

27 Sep 2016

What questions is it legal for employers to ask job applicants during an interview?

by Nathan Luke

The process of looking for a new worker to fill a vacancy is a source of anxiety...

22 Sep 2016

Performers gear up for Rotary Manning Valley Schools Spectacular

by Maurie Stack

Article supplied courtesy of Manning River Times. Students across the Manning...

22 Sep 2016

Giving large gifts to your children before you die: make sure you avoid unintended consequences

by Tony Mitchell, Tweed Heads

It is not uncommon for parents to provide financial assistance to their children...

22 Sep 2016

Discrimination against employees and job seekers who have a mental illness – legislation vs. reality

by Nathan Luke

It is illegal for employers to discriminate against workers or job seekers on ...

21 Sep 2016

Murder, attempted murder, manslaughter, misadventure and accident – forms of death from unnatural causes

by Jessica Mackay, Taree

The Australian laws relating to murder, attempted murder and manslaughter are ...

21 Sep 2016

Ambush marketing at the Rio Olympics – which case won?

by Tony Mitchell, Tweed Heads

Ambush marketing is the practice by which a company attempts to associate its ...

06 Sep 2016

Ugg boots: the battle over trade mark rights

by Tony Mitchell, Tweed Heads

Court case pits American company against Australian manufacturer American ...

31 Aug 2016

Can you sack a worker for getting a tattoo?

by Nathan Luke

Employers can ban employees from having visible tattoos Employers are ...

31 Aug 2016

Injured while travelling? Know your legal rights

by Victoria Roy, Elizabeth Street, Sydney

Any right to compensation will depend on a number of factors Travellers who ...

17 Aug 2016

What does an Executor execute?

by Tony Mitchell, Tweed Heads

We’ve heard about people being Executors of an Estate, but what do they ...

15 Aug 2016

Can I be sacked for a tattoo?

by Nathan Luke

A 21 year old woman applying for work as an airline flight attendant was told ...

08 Aug 2016

I’ve missed out in a Will – what can I do?

by Joshua Crowther, Taree

Two Sydney teenaged sisters have launched legal action against their family to ...

01 Aug 2016

Medical negligence compensation gap must be closed

The terrible tragedy of a baby dying after being given the wrong gas at ...

18 Jul 2016

But I don’t want to wear high heels to work

by Nathan Luke

A young woman arrived at work on her first day as a temp receptionist all bright...

13 Jul 2016

Vehicle accident victims lose out in CTP changes

by Justin Stack, Taree

Ninety per cent of people injured in vehicle accidents will have to battle giant...

06 Jul 2016

Law closes in on social media abusers

by Anneka Frayne, Tamworth

After years of inaction against those who use social media to abuse, threaten ...

29 Jun 2016

Airbnb laws need fixing

by Rita Fisher, Leura

One Sydney council warned a homeowner renting out part of her home to short term...

22 Jun 2016

Why Herbert Payne deserves a statue

by Maurie Stack

At this election we should be erecting a statue of Herbert Payne out of ...

15 Jun 2016

How to avoid lottery win ending in tears

by Tony Mitchell, Tweed Heads

Yippee! After years of buying a weekly group syndicate lottery ticket at your ...

08 Jun 2016

Phaser fire in legal battle over Klingons

by Anneka Frayne, Tamworth

Courts sometimes hear the most bizarre cases. Lawyers are currently firing ...

01 Jun 2016

Can prisoners vote?

In the United States whole classes of people are barred from voting because they...

18 May 2016

New aviation laws on drones

by John Glynn, Tamworth

Drones are everywhere nowadays, and that can be a problem with the law. ...

11 May 2016

Prince Proves Need For A Will

by Joshua Crowther, Taree

Prince didn’t expect to die on 21 April 2016. The rock star was just 57 and to...

04 May 2016

Non-Compliant Pool Could Drown Home Sale Or Lease

by Merrill Phillips, Taree

A deadline passed on April 29 to make your home swimming pool or spa compliant ...

27 Apr 2016

Is it legal to smack my child?

by Anneka Frayne, Tamworth

A recent Supreme Court case has thrown a new light on the controversial issue of...

20 Apr 2016

Unpaid Work – How Far Can It Go?

by Nathan Luke

Expecting jobseekers to work for extended periods for no pay while doing ...

13 Apr 2016

Can I Trademark My Own Name?

by Michael McHugh, Tamworth

Kylie Minogue is all loco-motion defending her first name in court after a young...

11 Apr 2016

High Flying Lawyer Lands In Stacks

by John Glynn, Tamworth

Legal eagle John Glynn is literally a high flyer. The highly experienced lawyer ...

06 Apr 2016

How Far Can I Go In Defending Myself And My Home?

by Jessica Mackay, Taree

A murder charge brought against a man alleged to have confronted and killed a ...

30 Mar 2016

Hulk Award Shows Danger Of Private Tapes

by Anneka Frayne, Tamworth

The incredible $US115 million awarded by a jury in an American court to ...

23 Mar 2016

What is “unacceptable risk” in deciding bail?

by Jessica Mackay, Taree

Recent changes to the Bail Act mean that people charged with serious offences ...

16 Mar 2016

Seventh Stack Joins Family Law Firm

by Ben Stack

Courtesy of Manning River Times, 15 March 2016 The seventh member of ...

16 Mar 2016

Punitive Laws Against Cyclists Do Little To Increase Safety

by Nathan Luke

Tough new laws governing cyclists and motorists sharing the roads came into ...

09 Mar 2016

Judge or jury trial – what’s best?

by Jessica Mackay, Taree

Suppose you are charged with a serious crime. Should you trust your guilt or ...

03 Mar 2016

Top Criminal Lawyer Joins Stacks Law Firm In Taree

by Jessica Mackay, Taree

Courtesy of the Manning River Times 2 March 2016 Jessica Mackay has put away ...

02 Mar 2016

Diplomatic immunity – getting away with crime

If you want to get away with a crime you should consider a career in the ...

17 Feb 2016

Sanctuary – does it exist?

by Anneka Frayne, Tamworth

We’ve seen it in movies– a man pursued by soldiers or police runs to the ...

10 Feb 2016

Court Ruling On Will Shows Importance Of Expert Advice

by Joshua Crowther, Taree

When two adult children were upset their mother had left the bulk of her $1.1 ...

03 Feb 2016

Know Your Rights If Business Misleads

by Anneka Frayne, Tamworth

Misleading consumers can be a costly exercise for businesses. Consumer rights ...

27 Jan 2016

Smoking In Strata Units Getting Tougher

by Anneka Frayne, Tamworth

It’s getting tougher to smoke in your own home – if you live ...

20 Jan 2016

Workplace laws also apply in pubs around the world

by Nathan Luke

Let’s say you’re a corporate executive travelling overseas and after a ...

13 Jan 2016

What Is A Discretionary Trust?

by Tony Mitchell, Tweed Heads

You have worked hard to build up a portfolio of valuable assets in your ...

06 Jan 2016

Breakthrough in hitting back against online harassment

by Nathan Luke

Many people feel powerless against harassment and abuse directed at them online ...

30 Dec 2015

What Can Go Wrong With Wills

by Joshua Crowther, Taree

The new year is an excellent time to check your Will to make sure it is updated ...

23 Dec 2015

Further Gains Won Back For Injured Workers

Following a long campaign by Stacks Law Firm and other concerned groups the ...

16 Dec 2015

Sadly Christmas is also scam time

While most of us see Christmas as a joyous fun time, a time with family, catch ...

09 Dec 2015

How to avoid Power Of Attorney pitfalls

by Joshua Crowther, Taree

A NSW parliamentary inquiry was recently told of increasing problems with ...

03 Dec 2015

Taree Lawyer Joins Top Rank Of Experts On Wills

Taree lawyer Joshua Crowther from Stacks Law Firm has been admitted to the top ...

01 Dec 2015

Sober Reality Of The Office Christmas Party

by Nathan Luke

It’s that time of year again – the office Christmas party when...

18 Nov 2015

What To Do When Gran Leaves It All To The Cat Society

As a Law Society Accredited Specialist in Wills and Estates, Joshua ...

11 Nov 2015

Can Anyone Really Own Waltzing Matilda?

by Michael McHugh, Tamworth

Country singer John Williamson says he’d rather go to jail than pay ...

04 Nov 2015

Success In Fight For Injured Workers Rights

by Erin Woodward, Taree

Within weeks of this column highlighting the unfair difficulty faced by injured ...

02 Nov 2015

Teenager Sues Pilot Over Freak Ferris Wheel Plane Crash Which Has Left Her With Fear Of Show Rides

by Justin Stack, Taree

Courtesy of Sarah Crawford, Daily Telegraph, 23 October 2015. A teenage ...

28 Oct 2015

Beware Losing Your Heart, And Money, To Scammers

by Anneka Frayne, Tamworth

It can happen to any of us. Looking for love or friendship through the ...

21 Oct 2015

Beware Sunset Clauses In Buying Off-The-Plan Property

by Anneka Frayne, Tamworth

It’s happening more and more. People put down a deposit on an apartment ...

14 Oct 2015

Does Unfriending A Co-Worker Amount To Bullying?

by Nathan Luke

It’s happened to many of us – the work party you are not ...

07 Oct 2015

Injured Workers Hurt By Court Decision On Compensation

by Erin Woodward, Taree

A recent decision in the NSW Court of Appeal could have serious ...

30 Sep 2015

Company Is Best Trustee For SMSF

by Tony Mitchell, Tweed Heads

More and more people are considering a Self Managed Superannuation Fund and ...

23 Sep 2015

Law should protect women from “revenge porn”

by Anneka Frayne, Tamworth

Overshadowed by recent dramatic developments in Canberra has been a push to ...

16 Sep 2015

Law Struggles To Keep Up With Camera Loaded Drones

Farmers, miners, builders, real estate agents, media, scientists and police ...

04 Sep 2015

Men also victims of sexual harassment in the workplace

by Nathan Luke

Men are also victims of sexual harassment in the workplace a new university ...

02 Sep 2015

Social media defamation actions soar

by Nathan Luke

It’s done in a fit of anger or outrage, often late at night after more than ...

26 Aug 2015

Time To Fix Airbnb-Style Holiday Home Letting Laws

by Michael McHugh, Tamworth

You wouldn’t think renting out a room in your home or the granny flat out ...

19 Aug 2015

Deadline For Victims Of Overseas Terrorism Approaching

A sad but important deadline is fast approaching for Australian victims of ...

12 Aug 2015

Overhaul Of NSW Workers Compensation Scheme Welcome

The announcement by the Baird NSW government that it is overhauling the ...

07 Aug 2015

Our Cities Need To Future-Proof Infrastructure To Cater For Those Using Alternative Forms Of Transport

by Nathan Luke

Courtesy of news.com.au by Matthew Dunn on 7 August 2015 OWNING a bicycle and...

05 Aug 2015

Licensing cyclists won’t ease pain of being hit by vehicles

by Nathan Luke

After a spate of fatal bike accidents NSW Roads Minister Duncan Gay has floated ...

29 Jul 2015

How Changes To Strata Laws Could Affect You

by Tony Mitchell, Tweed Heads

The NSW government has released draft bills reforming 55 year old strata laws ...

22 Jul 2015

When a car park is not a road

by Justin Stack, Taree

A teacher was pushing a fully laden shopping trolley with her toddler daughter ...

15 Jul 2015

Taxpayers Picking Up Bill For Injured Workers

Taxpayers are picking up the bill for the cost of injured workers as they go to ...

06 Jul 2015

PTSD Ruled As Bodily Injury In Landmark Case

In a landmark decision a NSW Supreme Court judge recently ruled a person who was...

01 Jul 2015

Where Theres A Will Theres A Way – To Challenge

If you feel hard done by over what’s left to you in a will, you are ...

24 Jun 2015

Defamation on social media can cost

by Anneka Frayne, Tamworth

Social media can no longer be considered a place to say whatever you like about ...

17 Jun 2015

To Beard Or Not To Beard

by Nathan Luke

Beards have been the question in employment law lately, and it’s not good ...

10 Jun 2015

Magna Carta Still Rules 800 Years On

by Ben Stack

We will mark a special occasion on 15 June this year; it will be eight hundred ...

05 Jun 2015

Workplace Cancer Victims Missing Out

by Nathan Luke

A new report by the Cancer Council estimates that less than eight per cent of ...

27 May 2015

The Extraordinary Case Of Life Produced By A Dead Man

by Anneka Frayne, Tamworth

Medical science is progressing so quickly it is often difficult for the ...

20 May 2015

Can I Sue If A Dog Attacks Me?

by Nathan Luke

There has been a spate of dog attacks in the media lately, so it’s ...

13 May 2015

Beware Strange Local Laws When Travelling

Travelling around the world can be a fantastic enriching experience that will be...

06 May 2015

When A $3 Million Inheritance Just Isnt Enough

by Joshua Crowther, Taree

A bitter court battle over a $3 million inheritance shows the problems ...

29 Apr 2015

The dog’s mine – you get the goldfish

by Ruth Whisker, Tweed Heads

Who gets the beloved family pet in a divorce can be a very messy affair. While ...

22 Apr 2015

Passing The Ball To Stacks

Long serving Taree lawyer Spencer Davies is passing the ball to his old law ...

20 Apr 2015

Online Pirates Fear Walking The Plank

by Anneka Frayne, Tamworth

Thousands of people who have illegally downloaded movies or television shows ...

17 Apr 2015

Robert Locke And Stacks Unite

by Maurie Stack

Long serving Tamworth lawyer Bob Locke is merging his thriving legal practice ...

15 Apr 2015

Plane Crashes And The Law

What are the legal rights of families who lose loved ones in plane crashes ...

09 Apr 2015

Eisteddfod A Boom For Area

by Tim Stack OAM, Taree

Courtesy of the Manning River Times by Laura Poulson 10 April 2015 MORE than ...

08 Apr 2015

Age Discrimination Is Costing All Of Us

Australia is losing $10 billion a year because of the reluctance of employers to...

01 Apr 2015

Can A Corporation Own Human Genes?

An interesting legal debate reaches the High Court in April about whether a ...

25 Mar 2015

When pranks break the law

They might be meant as fun, but pranks can end up with the prankster facing ...

20 Mar 2015

Rotarians In Training

by Maurie Stack

Courtesy of Manning River Times 20 March 2015 Forty Rotary District ...

18 Mar 2015

Shacking up – what is the law?

Australia’s Family Law recognizes that couples who live together in a close ...

11 Mar 2015

Traps in estate inheritance

by Joshua Crowther, Taree

Two recent cases reveal traps in the laws governing estate inheritance that ...

04 Mar 2015

Psychological Claims Getting Tougher

A female librarian was shocked when she discovered her boss had been secretly ...

25 Feb 2015

Help – My Cruise Holiday Turned Into A Nightmare

More and more people are taking cruise ship holidays. They have the advantage of...

18 Feb 2015

Beware Traps In New Home Building Laws

Anybody buying a newly completed home or builders doing the construction should ...

11 Feb 2015

Privacy Laws Can Punish Facebook Revenge

The woman was shocked, outraged, embarrassed and humiliated when her ...

26 Jan 2015

Australia Day A Chance To Celebrate Our Achievements

Australia Day gives us all a chance to celebrate our achievements and reflect on...

21 Jan 2015

Beware Super Inheritance Traps

by Tony Mitchell, Tweed Heads

Private self-managed superannuation funds can grow to be very big over time, ...

14 Jan 2015

Whodunit? The nominal defendant, that’s who

Let’s say you are the victim of someone else’s bad driving. They disappear ...

24 Dec 2014

I Own That Word So You Cant Use It

You’d think the use of a word would be open to all. After all ...

22 Dec 2014

No, you don’t have a right to grandpa’s money

by Joshua Crowther, Taree

A recent court stoush over a grandfather’s multi-million dollar estate led the...

19 Dec 2014

Unpaid work – know your rights

by Nathan Luke

The Australia Institute estimates the value of unpaid overtime worked by ...

17 Dec 2014

Sexting Gets New Laws

The practice known as ‘sexting’, sending photos of yourself or ...

02 Dec 2014

Schoolies Abroad: Five Legal Tips What To Do When Trouble Hits

Fun loving school leavers are becoming more adventurous when it comes to ...

21 Nov 2014

Beware The Trap In Joint Assets

by Tony Mitchell, Tweed Heads

Just when you think you’ve got all your assets under control and you know ...

19 Nov 2014

Ten Office Christmas Party Dos And Donts

Office Christmas Party season is almost upon us and all over the land HR folk ...

11 Nov 2014

Law Cracks Down On Teen Cyber Bullies

More and more people, especially teens, are seeking seek legal advice over being...

05 Nov 2014

Meet the law that says you’re dead when you’re not

by Joshua Crowther, Taree

One of the more unusual quirks of the law is buried away in section 35 of the ...

29 Oct 2014

Beware The B&B Nightmare

If you want to rent out your property to short-term holiday makers, as a bed and...

22 Oct 2014

Stealing An Image Can Prove Costly

Ita Buttrose is one of the best known people in Australia. She’s a former ...

15 Oct 2014

What To Do After A Motor Vehicle Incident

NSW Police have announced that from October 15 officers will no longer attend ...

08 Oct 2014

Time Running Out For Pool Owners

by Merrill Phillips, Taree

With warmer weather arriving and a deadline fast approaching, anybody who owns a...

01 Oct 2014

Restore WorkCover Say MPs

A parliamentary committee of NSW Upper House MPs has recommended lifetime ...

24 Sep 2014

Can I own what doesn’t exist?

by Joshua Crowther, Taree

In Tokyo a few years ago a woman was jailed after she committed ‘virtual ...

17 Sep 2014

Workplace Bullies Arent Always The Boss

by Nathan Luke

Most of us think of the boss when we hear stories of workplace bullying. They ...

17 Sep 2014

Lawyer For Asylum Seeker Hamid Kehazaei Confident Of Inquest Into His Death

by Ruth Hudson, Elizabeth Street, Sydney

Courtesy of smh, by Latika Bourke on 8 September 2014 The lawyer representing ...

10 Sep 2014

Working Mothers Know Your Rights

A study by the Australian Human Rights Commission found that almost 50 per cent ...

29 Aug 2014

Have you heard the one about the monkey that stole a camera and took a grinning ...

25 Aug 2014

Court Backs Conditions Set In A Will

by Joshua Crowther, Taree

A recent Supreme Court case highlights how a person making a will can legally ...

20 Aug 2014

How Terror Laws Can Affect You

Most of the focus on the government’s proposed new and tougher anti-terror...

13 Aug 2014

Surrogacy – What Is The Law?

Surrogacy has been in the news lately, raising many questions about exactly what...

31 Jul 2014

Trademarking Bad Taste

News that somebody sought to register a trademark on the term MH17 within a day ...

28 Jul 2014

Whats In A Name? Plenty, Says The Law

Some day you might meet a New Zealander with the bizarre name Number 16 Bush ...

21 Jul 2014

Does A Waiver Wave Away All Rights To Make A Claim?

We’re told to sign them every time we do any sort of organised activity ...

11 Jul 2014

Help! Theyre Building A Highway Through My Home

by Digby Dunn, Forster

Your home is your castle, right? It said so in that popular movie The Castle. ...

09 Jul 2014

Is Packing Prisons The Best Way To Deal With Crime?

Our prisons are filled to bursting point as tougher sentencing by courts is ...

01 Jul 2014

Yagoona Man Ryan Kitching Asks Driver Of Car That Struck Him To Come Forward

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Courtesy of The Daily Telegraph, by Adam Viler, 1 July 2014. RYAN ...

27 Jun 2014

Honesty Best Policy In Resumes

An ambitious man who recently got a top job in a Sydney department store chain ...

25 Jun 2014

Beware Of False Billing Scams

Business owners are being warned to beware of fake bills that are scamming...

13 Jun 2014

Forget Google? Not Down Under

Ever wish Google would somehow forget to bring up the link to that embarrassing ...

11 Jun 2014

Angry Judge Makes A Fist Of The Law

When a judge invites a defence lawyer to step outside the courtroom to settle a ...

10 Jun 2014

Taree And District – Take A Bow

by Tim Stack OAM, Taree

Courtesy of the Manning River Times 6 June 2014 by Lauren Green. ...

30 May 2014

Use The Law To Stop Cyber Bullies

Cyber bullying is already a huge problem and sadly it is growing, especially ...

21 May 2014

Court Weighs Needs When Considering Will Disputes

by Joshua Crowther, Taree

Wills are now being challenged at record rates partly due to the growing ...

09 May 2014

So, Just What Is Affray?

Imagine a billionaire and a multi-millionaire, going blow for blow in a public ...

05 May 2014

Its No Crime To Be Unlawful

There’s been quite a bit of debate recently about the finer points of law ...

01 May 2014

Manus Detainees Seek Witness Protection

by Ruth Hudson, Elizabeth Street, Sydney

Courtesy of smh.com.au By Michael Gordon 30 April 2014 Lawyers acting for ...

01 May 2014

Manus Island: Lawyers Say Witnesses To Reza Berati’s Death Need Urgent Protection

by Ruth Hudson, Elizabeth Street, Sydney

Courtesy of abc.net.au Lorna Knowles and Alison McClymont 1 May 2014...

01 May 2014

Group Of 235 Detainees At Manus Island Regional Processing Centre Commence Action

by Ruth Hudson, Elizabeth Street, Sydney

Stacks Goudkamp have been engaged by the “Group of 235 Detainees” at...

01 May 2014

Cuts To Workers Comp Unnecessary, Study Finds

Changes to workers compensation brought in by the NSW government mean that an ...

30 Apr 2014

Sacked before you even start – what can you do?

by Nathan Luke

You are offered an attractive job with a rival company. You accept the offer ...

23 Apr 2014

Tackle Age Discrimination Before Raising Pension To 70

With all the talk of raising the age at which you can receive the pension to 70 ...

16 Apr 2014

A handshake can legally seal a deal

You’d think that if you shook hands to seal a deal it wouldn't be worth the ...

07 Apr 2014

Know The Road Rules For Bicycles

The recent public row between a cyclist hit when a taxi passenger opened the ...

31 Mar 2014

Reverse mortgages – be careful and get expert advice

by Tony Mitchell, Tweed Heads

It could be tempting in one’s older years as income withers to sign up for a ...

26 Mar 2014

Top 10 mistakes in making a will

by Joshua Crowther, Taree

It’s possible to write your own Will, but there are pitfalls for the unwary ...

20 Mar 2014

Annulment or divorce – is there a choice?

The new wife was shocked to discover there was a ghost in her marriage. The ...

10 Mar 2014

Twitter victims using law to strike back

After a landmark court ruling, people who feel they are victims of defamatory ...

03 Mar 2014

Yes, Sometimes The Law Is An Ass

Charles Dickens was the first to say “the law is an ass” in Oliver ...

26 Feb 2014

Selling A House? Register That Pool First

Another deadline is looming for registering household pools. From 29 April ...

19 Feb 2014

Businesses Need To Prepare For New Privacy Laws

by Tony Mitchell, Tweed Heads

Changes to the privacy laws come in next month covering how a business ...

12 Feb 2014

Court Rules Housewife Equal Partner In Amassing Fortune

When it came time for a long marriage to end in divorce the husband argued the ...

31 Jan 2014

Free App Games Can Cost In The Real World

More and more people are discovering that so-called ‘free’ games ...

23 Jan 2014

How A Dead Man Can End Up With Two Spouses

by Joshua Crowther, Taree

The president of France has one. President John F Kennedy had Marilyn Monroe. ...

17 Jan 2014

Tougher Penalties Not The Answer To Coward Punch

by Maurie Stack

One of NSW’s most senior lawyers warns government plans to bring in ...

10 Jan 2014

Changes Coming For Sexting Laws

Current laws covering sexting – the transmission of naked or sexually ...

03 Jan 2014

Buying A Fridge Or TV? Its Guaranteed By Law

Consumers have strong guarantee rights under law, and the Federal Court has just...

27 Dec 2013

New Year Resolutions To Protect Your Wealth

by Tony Mitchell, Tweed Heads

It’s not the most exciting thing to do in your holidays, but some New Year...

20 Dec 2013

Lewd Office Emails Not Automatic Sacking Offence

by Kym Luke

Three workers at Australia Post were caught sending lewd email messages to each ...

13 Dec 2013

British Nuclear Testing: Australia Fails Veterans Again

Courtesy of indipendantaustralia.net by Joshua Dale, 12 December 2013. ...

12 Dec 2013

Nuclear Veterans Shot Down In Human Rights Appeal

Australian veterans of the British nuclear tests in Australia have been dealt a ...

11 Dec 2013

Nuclear Veterans Lose Legal Appeal

Courtesy of the Newcastle Herald by Joanne McCarthy, 11 December 2013 ...

11 Dec 2013

Maralinga Nuclear Tests Case Rejected By Human Rights Commission

Courtesy of the Guardian by Paul Farrell, 10 December 2013 Commission ...

11 Dec 2013

Blow For Nuclear Veterans As Human Rights Commission Rejects Complaint

Courtesy of The Canberra Times by Ross Peake, 11 December 2013 ...

11 Dec 2013

Australian Veterans Affected By Nuclear Testing Lose Final Bid For Case To Be Heard

by Ruth Hudson, Elizabeth Street, Sydney

Courtesy of ABC News by Sally Block, 10 December 2013. Australian veterans ...

10 Dec 2013

Last Legal Appeal By Australian Nuclear Veterans Shot Down By Human Rights Commission

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Australian veterans of the British nuclear tests in Australia have been dealt a ...

06 Dec 2013

Being Bullied? Record It In A Diary

by Kym Luke

Horrific recent reports from the Coroner’s Court looking into the suicide ...

04 Dec 2013

Office Christmas Party Most Dangerous Time Of Year

This should be the time of year when you embrace your work colleagues in a mood ...

25 Nov 2013

Beware The Memory On Used Digital Devices

Here’s a lesson for the digitally unwary - an increasing number of people ...

15 Nov 2013

Lying To Get An APVO Now A Crime

by Ruth Whisker, Tweed Heads

Making false allegations in order to obtain an Apprehended Personal Violence ...

12 Nov 2013

Be Ready For New Workplace Bullying Laws

by Kym Luke

New workplace bullying laws come into operation on January 1 and it’s ...

11 Nov 2013

Founders Values Are Strength Of Stacks Law Firm

by Maurie Stack

Despite all the technological developments and changes to the law the community ...

06 Nov 2013

WorkCover Cuts Hurt Workers

Many people injured at work who have been receiving ongoing medical payments ...

28 Oct 2013

Compensation Claims Need Expert Legal Advice

You’re never ready when you are disabled by an accident. It can be a ...

18 Oct 2013

Company Directors Need To Protect Themselves

by Tony Mitchell, Tweed Heads

For more than 200 years there has been a legal barrier between the business life...

14 Oct 2013

The Perils Of Social Media At Work

by Kym Luke

We’ve heard of the job applicant who misses out because their face is all ...

04 Oct 2013

10 Grounds To Challenge A Will

by Joshua Crowther, Taree

Dad cut me out of his will. I was carer for a person for years yet all they left...

27 Sep 2013

Do We Have A Legal Right To Lie?

A Californian judge recently ruled drug cheat cyclist Lance Armstrong had the ...

20 Sep 2013

Oh no! I’ve won lotto

by Joshua Crowther, Taree

Usually winning Lotto is great. You can take a long holiday, pay off the ...

13 Sep 2013

When photos break the law – your rights when taking photos

Note: this article was updated in April 2019. To read the updated version, ...

06 Sep 2013

Jurors Playing Detective Risk Jail

In the classic 1957 movie 12 Angry Men juror Henry Fonda uses a bit of detective...

02 Sep 2013

Scammers Ready To Steal Your Holiday

You are planning a holiday overseas. You search the internet and see a great ...

26 Aug 2013

It’s good we’re forced to vote

by Maurie Stack

Voting in Australia is compulsory – we can be fined up to $50 for not voting ...

25 Aug 2013

Weighing The Costs Of Retirement

by Tony Mitchell, Tweed Heads

Courtesy of Sun Herald- Terry Smyth, 25 August 2013...

19 Aug 2013

Power Of Attorney – myth and reality

There are a lot of mysteries, myths and misinformation around the Power of ...

09 Aug 2013

Family Trusts Can Be Ticking Time Bomb

by Tony Mitchell, Tweed Heads

Thousands of people have a Discretionary Family Trust – a popular and ...

02 Aug 2013

It Pays To Know Consumer Rights

There’s an important lesson for both consumers and retailers in a recent ...

30 Jul 2013

Man Punched By Bouncer Dies Before Claiming $1.8m Payout

Courtesy of News.com.au- Candace Sutton June 30, 2013 His ...

26 Jul 2013

What Happens To My Super When I Die?

by Joshua Crowther, Taree

Most people have significant amounts of money invested in superannuation funds. ...

19 Jul 2013

Beware Good News Emails

Switching the computer on in the morning can bring wonderful news. Oh goody! An ...

12 Jul 2013

Anti-Slavery Law Targets Forced Labour, Forced Marriage

Slavery in 2013? Surely slavery disappeared last century? Well, they may not ...

08 Jul 2013

Help! My Widow Is Remarrying

by Joshua Crowther, Taree

You thought you’d done the right and loving thing. You left the estate to ...

03 Jul 2013

Inquiry Into Pregnant Women At Work

by Kym Luke

What if you go on maternity leave only to be told your job is gone or you are ...

26 Jun 2013

Government Delays Green Slip Changes To Consult Victims

by Maurie Stack

The NSW government has been forced to consult the community before it tries to ...

19 Jun 2013

Voice Singer Fights For Injured People

Kieran Fraser sang his heart out in the TV show ‘The Voice’ last ...

12 Jun 2013

How Racist Can I Be Before I Break The Law?

Racist comments have been in the news recently and it could be useful to know ...

05 Jun 2013

CCTV Now Overrides Privacy Laws

Just how far can Closed Circuit Television cameras intrude upon your privacy? ...

29 May 2013

Superman Trademark Battle Reveals No Secret Identity Allowed

A courtroom battle over a fitness firm’s effort to Trade Mark the words ...

22 May 2013

Green Slip Changes Likely To End In Higher Fees

by Maurie Stack

Government changes to the Compulsory Third Party insurance scheme is likely to ...

15 May 2013

10 Sexting Legal Dangers

by Ruth Whisker, Tweed Heads

Sexting – the sending of sexual images via mobile phone or the internet ...

09 May 2013

Government Changes To NSW Compulsory Third Party Scheme

by Maurie Stack

COMMENT BY MAURIE STACK OAM, FORMER LAW SOCIETY PRESIDENT AND CHAIRMAN Stacks ...

08 May 2013

Motorists Hurt By Green Slip Changes

by Maurie Stack

Courtesy of 2GB Night with Steve Price 8 May 2013 Steve speaks with ...

08 May 2013

Legal Dangers In New Pool Safety Rules

by Merrill Phillips, Taree

New laws in NSW covering backyard swimming pools are intended to increase ...

01 May 2013

Court Case Threatens Holiday Home Renting

by Michael McHugh, Tamworth

A court case brought in the NSW Land and Environment Court last week could ...

24 Apr 2013

The 5 Fallacies Behind Changes Planned To Green Slip Scheme

The O’Farrell government is planning major changes to the Compulsory Third...

17 Apr 2013

Last Chance Of Justice For Nuclear Veterans

An appeal to the Australian Human Rights Commission by Australian military ...

10 Apr 2013

Can you be fired for not smiling enough?

by Nathan Luke

Employers have the right to expect a certain standard of behavior from their ...

03 Apr 2013

Danger Signs In NSW Governments CTP Green Slip Changes

by Maurie Stack

You are driving along obeying speed limits when suddenly a vehicle drifts to the...

27 Mar 2013

Wedding Pics Miss The Kiss Can Law Sort The Mess?

The bride was furious. Wedding pictures taken by the professional photographer ...

20 Mar 2013

Going Guarantor? Be Afraid, Be Very Afraid

You’ve got your own home. Your children are grown up. You’re looking...

13 Mar 2013

Top 12 Pitfalls In Buying Property Off The Plan

More and more people are buying apartments or retirement village homes ...

06 Mar 2013

Legal quirks show need for being precise in a will

by Joshua Crowther, Taree

You are the chief beneficiary of a will. Trouble is, you killed the person who ...

06 Mar 2013

Goulburn Lawyer Appointed To WorkCover Review Post

by Mark Howard, Canberra

Article and photo courtesy of GOULBURN POST 6 March 2013 Goulburn lawyer Mark...

05 Mar 2013

Maralinga Has Left A Toxic Legacy On Queensland

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article and image courtesy of 4BC News Talk 5 March 2013 4BC Mornings: ...

27 Feb 2013

Green Slip Changes Will Hit All Motorists

Victims of motor vehicle accidents will be the losers under plans announced by ...

23 Feb 2013

Aussie nuke test victims seek justice

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of XINHUA NEWS - CHRISTIAN EDWARDS - 23/02/2013 Article also ...

22 Feb 2013

Victims Of Atomic Tests Want Justice

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article and media courtesy of NEWCASTLE HERALD 21/02/2013 In his log book ...

22 Feb 2013

Maralinga Veterans Complain To Australian Human Rights Commission

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article and image courtesy of THE AUSTRALIAN 21/02/2013 Maralinga ...

22 Feb 2013

Maralinga Veterans In Last-Ditch Bid For Compensation

Media courtesy of ABC 7.30 REPORT 21/02/2013 Human rights lawyer Joshua ...

22 Feb 2013

Maralinga Veterans Seek Justice At Last

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article and image courtesy of SYDNEY MORNING HERALD - 21/02/2013, and THE AGE - ...

22 Feb 2013

Maralinga Veterans Appeal To HRC For Justice

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Media courtesy of ABC NEWS 21/02/2013 Veterans of the Maralinga nuclear ...

22 Feb 2013

Maralinga Veterans Appeal To Human Rights Commission

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Media courtesy of SBS 21/02/2013 Former Australian servicemen have ...

21 Feb 2013

Nuclear Veterans Appeal To Australian Human Rights Commission

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Lawyers representing 295 military veterans and their families afflicted with ...

20 Feb 2013

Family Trusts – The Good, The Bad And The Ugly

by Tony Mitchell, Tweed Heads

Family Trusts have been in the news quite a lot lately. They've been delved into...

13 Feb 2013

Crackdown on exploitation of unpaid work – know your rights

by Kym Luke

Employers who exploit unpaid workers are facing a crackdown by the Fair Work ...

06 Feb 2013

Law insists de facto is more than just friends with benefits

The law doesn’t always have a clear definition of what constitutes a de facto ...

05 Feb 2013

Wealth Protection Bulletin – Summer 2013 Edition

Limited liability companies have been an important part of the fabric of ...

30 Jan 2013

Murder In The House – What You Must Reveal When Selling A Home

We’ve seen it often enough in horror films – the nice but unwitting ...

23 Jan 2013

Focus On Discrimination As Governments Tighten Laws

by Maurie Stack

It is reasonable in civil society to try and prevent anyone publicly inciting ...

16 Jan 2013

What to do when tradies stuff up

You’ve got a new roof but in the first storm it suddenly springs a leak. ...

09 Jan 2013

Myths And Realities Of Shoppers Rights

When you discover those gadgets you found under the Christmas tree don’t ...

02 Jan 2013

Privacy – the government takes as it gives

Changes to Australia’s privacy laws were recently announced to much fanfare by...

26 Dec 2012

New Dads Can Get Paid Leave From January 1

If you’re pregnant don’t be surprised if the dad pleads with you to ...

24 Dec 2012

Local Lawyers Appointed To Key Posts With WorkCover

by Maurie Stack

Impeccable Reputations: Associate director Jodie Thurgood and senior ...

19 Dec 2012

My ATM overpays – can I keep it?

You think all your Christmases have come at once. You go to your ATM to withdraw...

12 Dec 2012

WorkCover Appointments

by Grant Avery, Taree

Four leading Taree lawyers from Stacks Law Firm have been appointed to key new...

12 Dec 2012

Bail Changes Disappoint Law Leaders

by Maurie Stack

On an average day half the young people in NSW juvenile detention haven’t ...

06 Dec 2012

Forster Lawyer Awarded Key WorkCover Post

by Maurie Stack

PRESS RELEASE SPECIAL FOR GREAT LAKES ADVOCATE FROM Stacks Law Firm 6 DECEMBER...

05 Dec 2012

Remember, There Is E-Life After Death

You think you’ve organised everything for your estate. You’ve ...

28 Nov 2012

Working Girls Battle Motel Owners In Legal Stoush

The mining boom has led to a boom of another kind – sex workers flying in ...

24 Nov 2012

Legal Eagle Goes The Extra Miles

by Ruth Hudson, Elizabeth Street, Sydney

Article courtesy of The Sydney Morning Herald 24 November 2012 One of the ...

21 Nov 2012

Its Office Christmas Party Time…

We are entering a dangerous season of embarrassment, drunken karaoke ...

14 Nov 2012

Google defamation case could open floodgates

If you’ve ever searched your own name on the internet and been shocked to find...

07 Nov 2012

Cash Economy Tempts Taxman Too

We’ve all encountered it and quite a few of us have succumbed to ...

31 Oct 2012

Your Home No Longer Your Castle Under Looming Laws

There’s been a long-standing notion that your home is your castle. It held...

24 Oct 2012

Free Speech Not Guaranteed In Australia

We hear it all the time on American TV shows – “the constitutional ...

17 Oct 2012

Dont Forget Superannuation Could Help With Disability Benefits

If you are injured don’t forget to check whether you have death or ...

10 Oct 2012

Facebook, Twitter not immune from contempt and defamation laws

Trial by Twitter and Facebook is against the law. The law regarding the ...

03 Oct 2012

Internet sweep signals crackdown on website businesses

Online businesses are being targeted by the Australian Competition and Consumer ...

26 Sep 2012

“Electronic trespass” legal defence for stolen iPad thrown out

A Canberra man came home to find his iPad stolen and set out to find it. He ...

19 Sep 2012

Were All Fracked, So Make The Best Deal Possible

by Maurie Stack

The NSW government has ruled landholders can’t lock the gates to coal seam...

12 Sep 2012

Owners Of Penthouse Pets Fight Back

Owners of pets, or people who want to own pets in their apartments, are fighting...

10 Sep 2012

Wealth Protection Bulletin – Spring Edition

The 1970s sitcom The Brady Bunch featured a single mother (Carol) with 3 ...

05 Sep 2012

No lights in car park – trip and fall

by Iain Miller, Elizabeth Street, Sydney

Upper Lachlan Shire Council v Rodgers [2012] NSWCA 259 Judgment date: 23 ...

05 Sep 2012

Right To Silence Should Remain A Right

by Maurie Stack

In October the NSW government will introduce legislation diluting the long ...

29 Aug 2012

Brady Bunch Inheritance Needs Legal Protection

The popular long-running 1970s TV comedy The Brady Bunch was the first to depict...

22 Aug 2012

Businesses Get Facebook Warning

Social media is now mainstream and businesses as well as individuals need to be ...

20 Aug 2012

Keddies Loses Negligence Appeal

by Ben Stack

Article courtesy of Lawyers Weekly - Leanne Mezrani 20 August 2012...

19 Aug 2012

Evaluation of the relevant criteria when determining non-economic loss and a buffer for loss of earning capacity

by Iain Miller, Elizabeth Street, Sydney

Clifton & Ors v Lewis [2012] NSWCA 229 Judgment date: 30 July 2012 ...

15 Aug 2012

Making a citizen’s arrest – myth and reality

The recent sight of Northern Territory politician John Elferink trying to make a...

08 Aug 2012

How Facebook Can Land You In Gaol

What you post on Facebook can now land you in gaol. A 20 year old Sydney man was...

01 Aug 2012

Company Directors Face Tougher Penalties

Company directors can be held personally liable for their firm’s unpaid ...

25 Jul 2012

How To Hit Back Against Workplace Bullies

Bullying in the workplace – most of us have seen it, too many of us have ...

18 Jul 2012

The Law And Alcohol

You’re a bloke out drinking with mates. It’s your shout, but the ...

11 Jul 2012

Manslaughter Charge For Pool Death A First

The news that police have charged the owner of a backyard pool with manslaughter...

04 Jul 2012

Workers Compensation Changes Hurt The Most Vulnerable

Within days of the NSW government passing controversial legislation severely ...

27 Jun 2012

Discrimination against smokers – is it fair?

Discrimination against smokers is on the increase. Smokers are banned by law ...

20 Jun 2012

Media Release From Stacks/The Law Firm On Changes To Workers Compensation

by Maurie Stack

MEDIA RELEASE FROM STACKS/ THE LAW FIRM ON CHANGES TO WORKERS’ ...

20 Jun 2012

Critics Dispute O’Farrell Compo Claims

by Maurie Stack

Article courtesy of NineMSN 20 June 2012 Lawyers and unions have ...

20 Jun 2012

Can You Own Your View?

For years you’ve cherished the view from your window, porch or balcony. ...

13 Jun 2012

Sex Now Considered Part Of Work Trip Compo Coverage

Many eyebrows were raised when a court recently ruled that a woman injured ...

10 Jun 2012

Slip and Fall on Pedestrian Crossing – Sections 5B, 5C and 5D of the Civil Liability Act considered

by Iain Miller, Elizabeth Street, Sydney

Garzo v Liverpool/Campbelltown Christian School [2012] NSWCA 151 NSW Court of...

05 Jun 2012

Prenups – a contract of true love?

No matter how you approach them, pre-nuptial agreements can’t ever be ...

30 May 2012

Strata Living Know Your Rights And Obligations

More than three million people live in strata titled homes in Australia and the ...

29 May 2012

2gb Radio Interview

by Maurie Stack

Maurie Stack, chairman of Stacks Law Firm was interviewed on 2GB by Ben ...

23 May 2012

New Family Law Increases Protection For Children From Violence!

When family relationships break down it’s always one of the toughest areas...

16 May 2012

Good Samaritan

The news that actor Dustin Hoffman saved the life of a jogging Australian lawyer...

09 May 2012

Wills Theyre Not As Simple As You Might Think

by Joshua Crowther, Taree

A recent court decision in Queensland to override a man’s will that ...

02 May 2012

Interns – unpaid work shouldn’t be a rip-off

Young people working for free seem to be part of the furniture in just about ...

25 Apr 2012

Court Decision Throws Focus On Dangerous Dog Law

A surprise recent court decision has thrown a fresh focus on laws governing ...

20 Apr 2012

Accident on public road leading to building site – whether an occupier/builder owes a duty of care to the contract delivery driver

by Iain Miller, Elizabeth Street, Sydney

Judgment date: 20 April 2012 Miljus v Watpow Constructions Pty Ltd [2012] ...

18 Apr 2012

Legal Advice Needed In Bankruptcy Boom

Bankruptcy is booming as the harsh effects of the global financial crisis and ...

13 Apr 2012

$5500 Raised For Oncology Services In Taree

by Justin Stack, Taree

Article and photography courtesy of Manning River Times 13 April 2012 ...

11 Apr 2012

Can your boss force you to work weekends?

The rush to get rid of the weekend is gathering pace. Three banks and a major ...

08 Apr 2012

Building site accident – Was plaintiff an employee or deemed worker? – Causation

by Iain Miller, Elizabeth Street, Sydney

Judgment date: 12 April 2012 Minogue v Rudd [2012] NSWSC Supreme Court ...

04 Apr 2012

Government Targets Workers Compensation Benefits

In coming weeks the NSW government will be reviewing the whole system of ...

28 Mar 2012

Who Owns Your Work Tweets?

You work hard and build up a good collection of work contacts and clients. In ...

28 Mar 2012

Day At The Races To Replace Night In

by Justin Stack, Taree

Article courtesy of Manning River Times 28 March 2012 After seven years of...

21 Mar 2012

Business wills essential for smooth transition

You don’t have to be a member of Australia’s richest family to become ...

16 Mar 2012

Maralinga Veterans Shocked By ‘Cruel’ Ruling

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Ruth Hudson, Stacks/Goudkamp lawyer and compensation specialist, features in the...

15 Mar 2012

UK Court Delivers Serious Blow To Bid For Compensation By Veterans Of Nuclear Tests In Australia

by Tom Goudkamp OAM, Elizabeth Street, Sydney

PRESS RELEASE FROM STACKS/GOUDKAMP LAW FIRM, SYDNEY. 15th March, 2012 The ...

14 Mar 2012

Fracking Changes Getting Legal Advice More Necessary Than Ever

The NSW government has just announced new plans to change laws and regulations ...

07 Mar 2012

Passive Smokers Fight Back

Smokers are a diminishing breed. Smoking accounts for 5,000 deaths a year in ...

29 Feb 2012

Beware The Traps In Estate Planning

Recently there have been some significant Family Court decisions that could have...

22 Feb 2012

There's a lot of talk lately about copyright. You've probably heard the howls of...

15 Feb 2012

Be Careful What You Tweet, Blog, Text, Post Or Send

A couple of years ago nobody would know what you were talking about if you ...

09 Feb 2012

X-Factor Winner Appears In Taree Local Court

by Joshua Crowther, Taree

Troubled X-Factor winner Altiyan Childs recently appeared in the Taree Local ...

08 Feb 2012

Youre Never Too Old

None of us are getting any younger and, with the government pushing to keep us ...

02 Feb 2012

$350,000 Payout For Pub Bashing Victim Patrick Crilly

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article and photo courtesy of The Daily Telegraph - 02 February 2012Irish ...

01 Feb 2012

What Defines A Flood? Soon, Even Insurers Will Have To Agree

The recent heavy rain, swollen creeks and rivers in northern NSW may have left...

25 Jan 2012

Pesky Perennials And Tree Traumas

Altercations with neighbours. They happen for a number of reasons, from noise ...

18 Jan 2012

Injured On An International Flight?

While personal injury law is never black and white, knowing who to sue is often ...

11 Jan 2012

Financial Stress After Christmas

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

04 Jan 2012

Youngest Ever In Law Society Role

Article and photo courtesy of Great Lakes Advocate - 4 January 2012 ...

04 Jan 2012

Junk Food Ads And The Law

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

28 Dec 2011

Pub Assaults – Can Victims Be Compensated?

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

21 Dec 2011

Slips And Falls During The Boxing Day Sales

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

14 Dec 2011

Dont Be Scammed By A Grinch

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

07 Dec 2011

Fracking Facts For Landholders

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

30 Nov 2011

Beware The Office Christmas Party

(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if ...

23 Nov 2011

Targeting Drunken Violence – New Laws Afoot

Were frequently swamped with news reports about alcohol-fuelled violence; from...

22 Nov 2011

Maralinga Survivor Wants Justice

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of Port Lincoln Times 22 November 2011Port Lincoln's John ...

16 Nov 2011

Making Sense Of The Qantas Saga

Its impossible to have missed the recent uproar surrounding Qantas. Whether ...

16 Nov 2011

Australian Nuclear Veterans’ Hopes Rest On UK Court Appeal Which Begins In London Today.

by Tom Goudkamp OAM, Elizabeth Street, Sydney

PRESS RELEASE FROM STACKS/GOUDKAMP LAW FIRM NOVEMBER 16 2011 Hopes of more than...

12 Nov 2011

Tech Savvy Will Reap Benefits

by Ben Stack

Article courtesy of MATTHEW BENNS - Sydney Morning Herald Photo courtesy of ...

09 Nov 2011

Lawyers Embrace Technological Change

by Maurie Stack

Article and photograph courtesy of Manning River Times9 November 2011 ...

09 Nov 2011

Facebook Could Jeopardise Your Claim!

Facebook. Millions of people across the globe are members. These days its a ...

02 Nov 2011

Don’t get hit with stamp duty twice!

You might have considered using the term, "and/or nominee" when buying property....

26 Oct 2011

Applying For Credit How Privacy Laws Affect You

No one wants their personal information accessible to any Tom, Dick or Harry. ...

19 Oct 2011

Brothels – Whats The Law?

Lately theres been a lot of media attention around brothels, with reports of...

15 Oct 2011

Stacks/The Law Firm Wins Business Excellence Award

by Nathan Luke

Nathan and Kym Luke of Stacks Law Firm, receiving the award. Stacks Law ...

12 Oct 2011

Buying at auction – make sure you can pay the deposit!

by Merrill Phillips, Taree

Auctions. The expression, ‘let the buyer beware’ has never been more ...

05 Oct 2011

Making A Citizens Arrest

Its something we dont hear about too often an everyday citizen ...

28 Sep 2011

Jail For Parents Who Kidnap Their Kids And Take Them Overseas?

Its the stuff of nightmares your partner stealing your kids and ...

21 Sep 2011

Informal Family Agreements To Buy Property The Pitfalls

Lets face it, finding the money to buy your own property can be tough. ...

14 Sep 2011

Dangerous Dogs Does The Law Protect Us?

Unprovoked dog attacks have been the subject of many media reports lately. Kids ...

12 Sep 2011

Ex High Court Justice Formally Opens New Stacks/Goudkamp Office

by Tom Goudkamp OAM, Elizabeth Street, Sydney

PRESS RELEASE FROM STACKS/GOUDKAMP - 12 SEPTEMBER 2011 Former High ...

09 Sep 2011

Stacks Of Support

by Mark Howard, Canberra

Article and photo courtesy of Goulburn Post 09 September 2011 Mark ...

08 Sep 2011

Selling a property

You’ve decided to sell your property – what happens next? It can be ...

08 Sep 2011

Buying A Strata Property

You’ve found a strata property (eg. unit or appartment) to buy – ...

08 Sep 2011

Buying a block of land

by Tony Mitchell, Tweed Heads

I’ve found a block of land – now what? We will explain the contract to you,...

08 Sep 2011

Buying a house – what are the steps?

by Tony Mitchell, Tweed Heads

I've found a house – now what? We will explain the contract to you, ask the ...

08 Sep 2011

Buying A Rural Property

You’ve found a rural property to buy – what happens next? It...

07 Sep 2011

Chemical Leaks When Should We Be Told?

Many of us saw the media coverage about the recent chemical leaks in the ...

31 Aug 2011

Stamp Duty Savings When You Transfer Property To Your Superfund

A useful tax planning strategy can be to transfer real estate that you own in ...

24 Aug 2011

Read Them The Riot Act!

Riots. Weve heard about little else following the recent somewhat shocking ...

17 Aug 2011

Will Awareness

Wills. We think about making one from time to time. Or we make one and then ...

10 Aug 2011

The Classification Act – Computer Games And Beyond

Lately theres been media attention around computer/video games; particularly ...

03 Aug 2011

Accidents While Working From Home

These days we tend to expect a bit of flexibility from employers when it comes ...

29 Jul 2011

Australian Veterans Of British Nuclear Tests Hopes For Compensation Boosted By UK Court Decision

by Tom Goudkamp OAM, Elizabeth Street, Sydney

PRESS RELEASE FROM STACKS/GOUDKAMP - 29 JULY 2011 The hopes of hundreds ...

28 Jul 2011

State Uproar Over Gillard Plan To Expose All Public Agencies To Civil Suits

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of The Australian - CHRIS MERRITT 28 July 2011 Every ...

27 Jul 2011

Don’t forget about your most valuable asset

Superannuation. These days it's considered one of your most important ...

20 Jul 2011

Dont Miss The Time Limit To Claim

Understanding the different time limits that apply for personal injury claims ...

13 Jul 2011

But I didn’t sign anything!

You might think that because you haven't signed a formal contract you can't ...

06 Jul 2011

Catching Cyber Crooks Across International Borders

Cybercrime is something we hear about all too frequently. In April, Sony had ...

29 Jun 2011

Are we moving towards same-sex marriage laws?

Same-sex marriage has recently received a lot of media attention. Under ...

22 Jun 2011

Slaughterhouse Laws

It would be hard to have missed the recent uproar surrounding animal cruelty in...

15 Jun 2011

Are Whistleblowers Protected?

Whistleblower is the word generally used to describe someone who exposes ...

08 Jun 2011

Is Your Property Really Yours?

Imagine purchasing a new home, moving in 6 weeks after settlement, then finding ...

02 Jun 2011

Men In Business

by Joshua Crowther, Taree

Article and photo courtesy of Focus Magazine June 2011 It's strange how the ...

01 Jun 2011

Have Victims Of Crime Got A Better Deal Now?

No one asks to be the victim of an act of violence. It can be both traumatic ...

31 May 2011

Wheelchair Sports NSW 2011 Charity Golf Day

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Courtesy of Wheelchair Sports NSW 31st May 2011 Thank you to everyone ...

25 May 2011

What’s the definition of “family violence”?

When relationships break down and there are children involved, family law ...

18 May 2011

A Family Trust Could Save You

Theyve been around for quite some time. Those in the know set up a family...

18 May 2011

A Good Time To Protect Your Wealth

by Michael McHugh, Tamworth

The Law Company, based in the Tamworth region and who are associated with the ...

11 May 2011

Tagging Graffiti Vandals

Next Sunday is Graffiti Action Day. Its a bit like Clean-Up Australia Day but...

04 May 2011

The house is mine – we weren’t de facto! Or were we?

And there you were thinking your relationship was safely non-de facto ...

27 Apr 2011

The Smack – Is It Legal?

To smack or not to smack; that is the question. Its a much debated theme ...

20 Apr 2011

It’s After 6 – Go Away!

Weve all experienced it; salespeople turning up on the doorstep when were ...

20 Apr 2011

Dolphin In The Ratz Ranks

by Joshua Crowther, Taree

Article and photo courtesy of Manning River Times 20 April 2011 Josh ...

19 Apr 2011

Brand New Shed – Men Celebrate The Opening Of Their Purpose-Built Facility

by Maurie Stack

Maurie Stack is the Chairman of Stacks/Law Group Article and photo ...

15 Apr 2011

Taree Eisteddfod – Your Time To Star

Tim Stack is a director of Stacks Law Firm in Taree Article and photo ...

13 Apr 2011

Breaking The Law In A Group

The basic idea of complicity law is that you can be convicted of a crime even ...

06 Apr 2011

Conveyancing Enters The 21st Century

These days, electronic transactions are pretty much the norm. From ordering ...

30 Mar 2011

Why being forced to vote is a good thing

Many of us may be frustrated at the latest election result; others ...

23 Mar 2011

NSW Electoral Law

Ah its that time again. Vehement promises of change from the Premier and the ...

16 Mar 2011

It’s times like these we consider our own mortality

Floods, cyclones and earthquakes tend to get us thinking. Things sometimes ...

15 Mar 2011

You’re Invited…

by Tom Goudkamp OAM, Elizabeth Street, Sydney

To view this page in it's original format please visit ...

09 Mar 2011

Mother Nature Versus Beachside Living

Youd imagine that owning a beach house might serve to reduce stress levels. ...

02 Mar 2011

Gun Laws

Discussion about gun laws in Australia always has the potential to generate ...

23 Feb 2011

But I Made A Will!

Most people would be horrified to think that their estate might not end up in ...

16 Feb 2011

Making Sense Of Flood Insurance

Where did the water come from? is the question insurance companies ...

11 Feb 2011

Warning Against Litigation On Spec

by Ben Stack

Article courtesy of The Australian - By Josephine Kelly February 11, 2011 ...

11 Feb 2011

Judge Savages Keddies For Misconduct

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of the Australian Financial Review - By Alex Boxsell ...

09 Feb 2011

But What Caused The Water To Damage Your Property?

What is a flood? You might think the answer obvious but take a close look at a ...

08 Feb 2011

More Improper Conduct From Keddies

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of Justinian February 8, 2011 The former partners of the ...

08 Feb 2011

Keddies’ ‘Hopeless’ Claim Under Fire

by Maurie Stack

Article courtesy of Sydney Morning Herald - By Louise Hall COURTS February 8,...

04 Feb 2011

Keddies’ Conduct “Disturbing”: Judge

by Tom Goudkamp OAM, Elizabeth Street, Sydney

Article courtesy of Lawyers Weekly February 4, 2011 A District Court ...

02 Feb 2011

Resolving Disputes Across International Borders

Many companies in Australia conduct business with companies and individuals ...

30 Jan 2011

Land plan comment draws legal action

Article courtesy of Sydney Morning Herald - By Alex Mitchell January 30, 2011...

26 Jan 2011

Looting Laws

We are all familiar with a number of major natural disasters across the globe ...

19 Jan 2011

New Renting Rules

Ah the lot of the lowly tenant. At the mercy of the evil landlord; evicted ...

12 Jan 2011

Should Crooks Be Able To Get Their Sentences Reduced?

When someone commits a crime there are laws that govern the kind of sentence ...

05 Jan 2011

Its Crunch Time Get Your Finances Back On Track

Its hard to believe its that time of year again. Yet here we are; 2011. It ...

29 Dec 2010

New Paid Parental Leave Kicks In January 1st

Its been a long time coming and a hard won battle but Australias new paid ...

22 Dec 2010

Slips And Falls In The Silly Season

Its that time of year again. Frantic shoppers, busy stores, increased ...

20 Dec 2010

Action Under Way To Create Jobs

by Tony Mitchell, Tweed Heads

Stacks Law Firm senior solicitor in Tweed Heads and Stacks Business director ...

17 Dec 2010

Going In To Bat For Rex

by Maurie Stack

Article courtesy of Manning River Times - HELEN MANUSU 17 December 2010...

15 Dec 2010

Pontoon A New River Attraction

by Maurie Stack

Article courtesy of Wingham Chronicle 15 December 2010 Tim and Ray Stack, ...

08 Dec 2010

Kids Born Through Surrogacy Just Got A Better Deal

Surrogacy has long been a contentious issue. While some would argue that a ...

01 Dec 2010

Contracts In The Electronic Age

It would be difficult to miss the fact that technology has changed the way we ...

24 Nov 2010

The Family Violence Bill

Since the Howard Government introduced the concept of Shared parenting ...

24 Nov 2010

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