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The Tort of Negligent misrepresentation - Where you are owed a duty of care for the advice you rely upon.

The Tort of Negligent misrepresentation - Where you are owed a duty of care for the advice you rely upon.

This tort of negligent misrepresentation is about when you go and see a professional for advice, where there is a duty of care owed to you and there is negligence when providing that advice that causes you financial loss.   That would provide you a cause of action when the person makes a negligent statement or provides negligent advice which you rely upon to your financial detriment, the key is to show that a duty of care existed to prevent economic loss. Indeterminacy of liabilityIt is important to understand the principle of ‘indeterminacy of liability’ which deals with determining whether duty of care exists as a policy consideration where if it were recognised in some cases it would impo
Tort of injurious falsehood -

Tort of injurious falsehood -

The tort of injurious falsehood is sort of like defamation against businesses or Corporations,  as you can not "defame" a Corporation and nor do they have a ready remedy in defamation if you do, it does not mean there is no common law remedey available to them against a person who does make malicious false statements against them. Most typically this tort is available when a business competitor makes false claims about the goods, services or business that is directed to the customers or would be customers of the business but this equally applied against individuals, say in online reviews or social media, where it causes damage to the business or causes customers to go elsewhere.Elements of t
In our rush to develop AI capability in Australia are we ignoring the risks of AI?

In our rush to develop AI capability in Australia are we ignoring the risks of AI?

Map to the future: Australian Government releases a roadmap for developing AI capability in Australia The global race to lead in AI is underway. The Commonwealth Government has recently contributed to the discussion with the release of Australia's AI Roadmap. It promotes strategies designed to advance Australia's AI capability and realise AI's potential for boosting industry productivity, creating jobs and economic growth, and improving the quality of life for Australians. Key takeouts Interest and investment in AI continues to grow in both the public and private sectors as technology advances and offers innovative solutions to challenging problems. Australia's Artificial Intelligence Ro
Should you reconsider buying a drone as a gift?  Is the person licenced? Fine is $10,500 if not..

Should you reconsider buying a drone as a gift? Is the person licenced? Fine is $10,500 if not..

The increasing prevalence of drone technology has resulted in a greater focus on how this technology ought to be regulated.  We’ve set out below a summary of what is currently happening in Australia and around the world.  Drone Recap Drone use in Australia is regulated under the Civil Aviation Safety Regulations 1998 (CASA Regulations). These Regulations are enforced by the Civil Aviation Safety Authority (CASA) and regulate the licensing and operation of drone use.  While the CASA Regulations regulate matters such as minimum distances from people and places, prohibited flight areas and time of day licensing, CASA does not have jurisdiction over noise issues (managing complaints about dron
False Representations that cause you loss - The Common Law Tort of Deceit

False Representations that cause you loss - The Common Law Tort of Deceit

The common law tort of deceit is committed where someone fraudulently makes a false representation that you rely upon which ultimately causes you loss.The elements of the tort are: The defendant made a false representation to the plaintiff The defendant made the representation fraudulently (in a way that intends to deceive by doing something dishonest) The defendant intended the plaintiff to believe in and rely on the representation The plaintiff did act in reliance on the representation, and The plaintiff suffered damage. (Magill v Magill (2006) 226 CLR 551 [59], [114])
Are the spousal maintenance provisions in your financial agreement up to scratch?

Are the spousal maintenance provisions in your financial agreement up to scratch?

Overview In the recent case of Guild v Stasiuk, the Court was required to determine whether a prenuptial agreement was effective in ousting or excluding the Court’s jurisdiction to consider a wife’s claim for spousal maintenance after the couple had separated. The prenuptial agreement included an express provision that it was a financial agreement under section 90B of the Family Law Act, which allows engaged parties to reach an agreement about how their property will be divided if their relationship fails and also, if they choose, about whether spousal maintenance will be paid. If parties decide to deal with the issue of spousal maintenance in their agreement, section 90E applies. Sectio
Australians now need a tourist visa to travel to Chile

Australians now need a tourist visa to travel to Chile

From  the 17th of December 2019, Australian citizens wanting to travel to Chile will need to apply for and have a consular tourist visa.If visiting Chile you will need to request the visa from the Chilean consulate in Melbourne, Syndey or the A.C.T, prior to arrival in Chile.The visa allows a maximum stay of 90 days.
Man nails ex.wife for Defamation based on Facebook allegation he committed domestic violence.

Man nails ex.wife for Defamation based on Facebook allegation he committed domestic violence.

When it comes to Family Law matters, defamation law is rarely considered by lawyers, however as this case shows, if one of the parties takes to social media to vent, not only might they be in breach of s.121 of the Family Law Act and Family Court Orders which too many take too lightly but now with defamation proceedings available as a sword and the offended party sure of payment from the settlement of property in proceedings if no where else, it shows the risks of using social media to vent. In the case of Dabrowski v Greeuw (2014) WADC 175, the husband was awarded $12,500 in damages after his ex. was held to have defamed him on Facebook.After the couple separated, the ex.wife took to facebo
When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?

FLAST CASE BRIEF : MADDOX & NEMET [2019] FCCA 1078 When communication breaks down and you can no longer effectively co-parent what do you expect the Court will do to solve the impasse?This case involved a #Parenting dispute and the Court had to consider whether parents who cannot communicate ought to have equal shared parental responsibility for their almost 15-year-old daughter? How much time the girl should spend with her father in circumstances where the parents neither like nor trust each other?HELD : When I consider the evidence of the parties, which shows an inability to communicate in order to properly consult about major decisions to be made in relation to the Child’s welfare ..
Drunkard Mother loses custody in interim proceedings.

Drunkard Mother loses custody in interim proceedings.

FLAST CASE BRIEF : AQUARO & AQUARO [2019] FCCA 1140 This case involved #Parenting and interim orders where the Court had to consider competing parenting proposals with both parents wanting  the Children live with them.There were allegations of alcohol abuse by the Mother along with mental illness.  The Court needed to consider the best interests of the Children and whether there was an unacceptable risk.  The most serious allegations against the mother was on 6 February 2019 when the Mother drove a car with the Children in it whilst intoxicated when collecting the Children from school. Later that day the Mother was taken to the Town E Hospital by her brother and the maternal grandmother
REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

REPEATED BREACHES OF AVO's must have consequences - Imprisonment is the Court's view.

In family law related cases we see all too often the problem of domestic violence against women and children who are in a vulnerable position as a result of the break-up.If an offender repeatedly breaches a bond and an apprehended violence order-imposed by the Court and continues to inflict violence upon a woman in breach of orders that involved similar past behavior and the same victim, he should expect to be imprisoned, and not for an insubstantial period.This applies especially in cases of the more vulnerable victims such as Unemployed persons, Person's cut off from friends and family, person's with disabilities.Even more so if it involves crimes against children, one of the statutory agg

Strangulation assault

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