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SOCIAL MEDA AND DEFAMATION - BEWARE - THE LINE CAN EASILY BE CROSSED

SOCIAL MEDA AND DEFAMATION - BEWARE - THE LINE CAN EASILY BE CROSSED Thu, 9 Nov 17
The recent high profile case heard by the Supreme Court in Victoria between actress Rebel Wilson and German media giant Bauer Media has come to a dramatic conclusion, with Justice Dixon finding that Bauer Media had maliciously defamed Ms Wilson. Ms Wilson was awarded a large sum of $4.5 million dollars in damages, resulting in the largest known defamation win in Australian history. This case is also believed to be the first case where the statutory cap of $389,500.00 in place for assessing damages for non-economic loss has been disregarded. Justice Dixon made a statement to the effect that when assessing Wilson’s damages for non-economic loss the cap was able to be disregarded due to the circumstances of the aggravation in this case.

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MUSIC FESTIVALS - DO I GET A REFUND IF THE FESTIVAL IS CANCELLED?

MUSIC FESTIVALS - DO I GET A REFUND IF THE FESTIVAL IS CANCELLED? Thu, 9 Nov 17
We are fast approaching the warmer months here in Australia, and music festivals and outdoor events are always a popular choice for many during this time of the year. However, what happens if the festival you have purchased tickets for is cancelled due tounforeseen circumstances? When purchasing a ticket for a festival, you are entering into a contract with the ticket provider (‘provider’), and your ticket is issued subject to certain terms and conditions of the contract. These are usually given to you prior tofinalising the agreement to purchase the tickets, and are often printed on the back of the physical ticket, once issued.

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IF YOU ARE SELLING A HOUSE - HOW MUCH ABOUT THE HOUSE'S HISTORY DO YOU NEED TO TELL THE BUYER?

IF YOU ARE SELLING A HOUSE - HOW MUCH ABOUT THE HOUSE'S HISTORY DO YOU NEED TO TELL THE BUYER? Thu, 9 Nov 17
A question that pops up every so often is what are the obligations of the seller when selling a house which has a somewhat murky or mysterious past? It goes without saying that properties hold many stories within their walls, hence the colloquial “if the walls could speak’, however as a buyer in Queensland there are no specific requirements in relation to the seller or selling agents disclosure about ‘psychologically stigmatised property’ and it is generally caveator emptor or “buyer beware”. ‘Psychologically stigmatised property’ results when non-physical defects to the property (i.e. no defect on the title of the property, or to any physical aspect of the property) cause psychological/emotional, religious, moral or other discomfort to a buyer.

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AFAD – ADDITIONAL FOREIGN AQUIRERS DUTY – WHAT THIS MEANS FOR NEW ZEALANDERS PURCHASING PROPERTY IN AUSTRALIA

AFAD – ADDITIONAL FOREIGN AQUIRERS DUTY – WHAT THIS MEANS FOR NEW ZEALANDERS PURCHASING PROPERTY IN AUSTRALIA Fri, 8 Sep 17
Since the 1st October 2016 residential conveyancing transactions for which the liability for transfer duty (stamp duty) has arisen, and where the subject property is classed as ‘Additional foreign acquirer duty’ (‘AFAD’) residential land’, then if the purchaser falls within the meaning prescribed in the Duties Act 2001 as a ‘foreign acquirer’, then it is important to be aware that AFAD may also be applicable.

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AUSTRALIA CONSUMER LAW – WHAT DO YOU NEED TO KNOW?

AUSTRALIA CONSUMER LAW – WHAT DO YOU NEED TO KNOW? Fri, 8 Sep 17
For businesses selling products/services to consumers and consumers purchasing goods or services, it is important to be aware of the Australian Consumer Law, and the rights and options available to consumers under the prescribed Consumer Guarantees. While the scope of the Australian Consumer Law is wide, and inherently complex, there are a number of basic ‘Consumer guarantees’ which are available for Australian consumers who obtain goods and/or services from Australian suppliers, importers or manufacturers, and there have been attempts to summarise them into layman’s terms to assist consumers and business owners with understanding their rights and obligations. However, even the basic versions can become quite confusing, and of course each particular circumstance will need to be considered on its own facts to determine what, if any, consumer guarantees are available in any particular case.

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WHY YOU NEED AN EXPERIENCED LAW FIRM TO DO YOUR CONVEYANCING

WHY YOU NEED AN EXPERIENCED LAW FIRM TO DO YOUR CONVEYANCING Fri, 8 Sep 17
Following on from a recent article we published regarding cheap ‘will kits’, we often find that clients are also compromising one of the largest purchases they will make in their lifetime, being the purchase of their first home or real estate, all for the sake of saving a small amount of money. We find that many people try to ‘do it themselves’ to save money and before long they are floundering and need urgent assistance from a law firm, where unfortunately, they have already compromised their position by acting for themselves and have unwittingly breached the contract. Breaches of contract can result in significant financial loss and is not a matter to be taken lightly. Conveyancing in Queensland is inherently complex and there are over twenty pieces of legislation which affect conveyancing transactions, including Federal and State legislation, as well as specific contract conditions, an extensive amount of case law and practice guidelines.

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