BEFORE INSTITUTING LEGAL PROCEEDINGS SEEKING MONETARY DAMAGES, CONSIDER YOUR POSITION CAREFULLY. A recent defamation case in which the plaintiff was awarded only $100 in damages serves as a pertinent and timely reminder to those persons who have been defamed on Facebook or other social media platforms, and are considering instituting legal proceedings, to ensure that
It was decided 410 years ago, in the English case of Aldred’s Case (1610) 9 Co Rep 57B, that a landowner isn’t entitled to any legal remedy at common law if trees obstruct the landowner’s view. This position was adopted by Australia in 1973. Some 400 years later, the Neighbourhood Disputes (Dividing Fences and Trees)
Did you know, if you are a building contractor who is owed money, you may be entitled to be paid penalty interest on top of the amount that’s owing to you? Axia Litigation Lawyers recently obtained judgement against CGU Insurance Ltd (CGU) in the Court of Appeal, securing an award of more than $240,000 in penalty interest
We are often asked by our clients “What does litigation involve?” and “How long does the litigation process take?” The answer is that each matter varies a great deal and it is never easy to predict how long a matter might take from start to finish. With that being said, civil litigation often begins the
When seeking legal advice and/or representation, legal fees are inevitable but how much you spend may be entirely up to you. Here are some tips on how you can control the costs and reduce your fees: LISTEN TO YOUR LAWYER Presumably, you have engaged with your chosen lawyer because of their expertise and hope
Many business owners incorrectly assume that they can insert any terms into their contracts (or terms and conditions) and they’ll be binding. This is not the case. The Competition and Consumer Act 2010 (Cth) Sch 2 (Australia Consumer Law) (ACL) seeks to protect consumers and small businesses from contracts with unfair terms. If a term in a
IF YOU HAVE EVER BEEN THE RECIPIENT OF A DEFAMATORY ONLINE REVIEW YOU WILL UNDERSTAND HOW HEARTBREAKING THEY CAN BE. Also, if you have ever tried to approach the website owner to ask for the review to be removed you will understand how frustrating it can be. Generally, a website such as Yelp, Google or