Publications

Plea deal in Hunter Valley bus crash sees 35 charges dropped

The high-profile case surrounding Brett Button, the driver behind the wheel of the fatal Hunter Valley bus crash last year, has made headlines once again this month as 35 charges were withdrawn and dismissed. On June 11th, 2023, a coach carrying 35 passengers returning to Singleton from a…

Conditsis Lawyers Appoints Seasoned Commercial Lawyer to Lead New Division in Newcastle

Conditsis Lawyers is thrilled to announce the appointment of Sue Walter, a highly experienced and respected senior commercial lawyer, to head their new commercial/business law team in Hunter Street, Newcastle. The addition of commercial/business law to Conditsis Lawyers’ suite of legal services at their Newcastle office follows demand…

Murder charge dropped in Victorian cold case

Manny Conditsis, Senior Trial Advocate and Accredited Specialist in Criminal Law, assisted by Kayla Nielsen lawyer, achieved another extraordinary result in the Victorian cold case murder charge of Peter Wetzler. In September 2023, Mr Wetzler was arrested at his Newcastle home and charged with the murder of Debra…

Client charged with supply large commercial quantity of MDMA granted bail 

Michal Mantaj, Trial Advocate and Accredited Specialist in Criminal Law, recently appeared for a client charged with supplying a large commercial quantity of a prohibited drug, namely MDMA. It is very unusual for an individual charged with supplying a commercial quantity of drugs to be granted bail as…

Dangerous Driving & Police Pursuit Charges Withdrawn & Dismissed

Last week Michal Mantaj, Accredited Specialist in Criminal Law & Trial Advocate, appeared for a young man charged with taking part in a police pursuit. On conviction, the offence attracts a maximum penalty of imprisonment for a period of three (3) years and an automatic disqualification of a…

Serious criminal charges against a minor dismissed

Manny Conditsis, Senior Trial Advocate and Accredited Specialist in Criminal Law, and Francis Caesar Devine, Associate, achieved a phenomenal result for their client in a judge and jury trial at Gosford District Court last week. The trial began on Monday last week in relation to a number of…

Jennifer Crumbley convicted of 4 counts of involuntary manslaughter in the USA

What is Involuntary Manslaughter? There are two types of involuntary manslaughter in the USA [can vary as between states]: 1. Unintentional homicide – act(s) committed that amount to criminal negligence. Example 1– an ad hoc supposed health professional providing ‘care’ to someone that was so negligent that caused…

Two Birds, One Stone: Parenting and Property

Our Family Law Solicitor, Caitlin Jones, recently acted for a client, a father of two (2) children aged 11 and 9. Our client initially engaged and instructed our office as the mother had withheld the children from spending time with our client for a period of 2 months…

Michelle Bromfield has been shortlisted for the Women in Law Awards 2023

The Women in Law Awards is the most highly regarded awards program across Australia recognising exceptional women in the Australian legal industry. This prestigious national awards program presents an exceptional opportunity for leading women to showcase their achievements, attract more clients, and propel their careers on top of…

From no time to equal time – a father’s successful parenting mediation

Our Family Law solicitor, Natalie Russell, recently represented our client, a father of a five-year-old child, at a parenting mediation. Our client had initially started court proceedings in December 2022 in circumstances where the mother had not agreed to the child spending any time with him for six…

Manny Conditsis – Expert Defence Lawyer For Child Sexual Assault Matters

Senior Trial Advocate: Manny Conditsis In child sexual assault matters there are no winners. If the allegations are true then it is no doubt devastating and life changing for the complainant, however, if the allegations are not true, the allegations are also devastating for accused persons and their…

Kathleen Folbigg Pardon – Important Questions Answered

Has she been found Not Guilty? No. She has been Pardoned, meaning she has received the benefit of the Royal Prerogative of Mercy The Royal Prerogative of Mercy, relevantly,  is as it sounds, a process that leads to mercy given to a person previously convicted of serious crime.…

Festive Season and Family Law

With the festive season upon us, you may be wondering about the care arrangements available for Christmas Day and the holiday period for your children. There are no hard and fast rules when it comes to children’s care arrangements. That said, whether by agreement (parenting plan or consent…

Social Media and the Impact on Family Law Matters

‘If you don’t have something nice to say, don’t say anything at all’ In today’s society, social media is used, in varying degrees, by most adults. For many people social media is used to update friends and family about major life events and day to day events. Social…

I have received a Court Attendance Notice- what now?

What is a Court Attendance Notice A Court Attendance Notice (CAN) is an official document notifying you and the court that police have charged you with a criminal offence. This document provides important information about your charge, including What crime you have been charged with. A very brief…

Conditsis Lawyers Proudly Supporting Friends With Dignity

The Conditsis Lawyers Newcastle team recently attended the High tea with Friends event run by Friends with Dignity at Merewether Surfhouse in Newcastle. The team had a great afternoon filled with inspiring speakers, good food, great company, a personal & mesmerising Story by My Other Closet – The Cabaret , Raffles with epic…

To Vaccinate or Not

The COVID-19 pandemic has seen society as a whole change over the last two (2) years. Since the introduction of a vaccine for COVID-19, the Family Law System has seen an influx of parents disagreeing as to whether to get their child/ren vaccinated. There is a presumption under…

Manny Conditsis named Australia’s Criminal Law Partner of the Year

Senior Trial Advocate and Managing Director of Conditsis Lawyers, Manny Conditsis, has been named Criminal Law Partner of the Year at the 2021 Lawyers Weekly Partner of the Year Awards. Mr Conditsis was accompanied by co-director, Michal Mantaj, and the Conditsis Lawyers team at the black-tie event held…

Can I be sacked for refusing to receive the COVID 19 vaccine?

The answer depends on who you work for, what you do for work, and why you refuse to get vaccinated. For the purpose of this article, let’s assume you are covered by the unfair dismissal provisions in the Fair Work Act. In those circumstances, your employer is required…

Better get a lawyer, son. You better get a real good one!

As a rule, I would not suggest that anyone take legal advice from an Indie Rock Band, but the above line from the “better get a lawyer” by the Cruel Sea is an exception to that rule. Not only does it emphasize the importance of legal representation but,…

De Facto Relationships and Property Settlements

A de facto relationship can exist between two (2) people of the same or opposite sex. A de facto relationship can also exist even if one or both of the parties are legally married to someone else, or, in another de facto relationship. The Family Law Act provides…

Family Violence in Property Matters

In 1997, the Family Court in the matter Kennon v Kennon (“Kennon”) considered whether family violence could be relevant to and alter the outcome of a property settlement. The Court considered the impact of family violence on the contributions of the wife during the relationship, in the face…

Parenting Orders during a lockdown

As of Saturday, 26 June 2021, people in Greater Sydney, the Blue Mountains, Central Coast and Wollongong entered a COVID-19 lockdown providing that you must stay at home and only leave if you have a reasonable excuse. Is it a reasonable excuse to leave home to facilitate a…

Fast tracked family law process for disputes relating to COVID-19

If you have existing parenting arrangements/parenting orders that are not being complied with as a result of the COVID-19 lockdown, you may be able to file an application in the national COVID-19 list. The COVID-19 list provides a “fast-tracked” list that is dedicated to dealing with urgent family…

Alex Bailey named top criminal lawyer under 30 by Lawyers Weekly!

We are thrilled to announce that on Friday 11 June our criminal lawyer Alex Bailey won the Criminal Law category of the Lawyers Weekly Top 30 Under 30. These awards identify the top young lawyers across Australia, recognising the depth of talent and outstanding achievements of Australia’s young…

Christian Porter | Populist Opinion v Procedural Fairness & Justice

  Popular Opinion Where there is smoke there is fire [2020 Four Corners Program as to recent and historical inappropriate behaviour of Christian Porter] as well as the more recent allegations of sexual assault dating back to 1988 [33 years ago]. Irrespective of Police confirmation of its own…

Criminalisation of coercive control

This is a hot topic at present and rightly so. There needs to be and should be significant community discussion and education to do the subject justice. Is coercive control a form of domestic violence or abuse and should it be criminalised? The overwhelming answer is Yes! It…

No Jab, No Job?

Prime Minister Scott Morrison last month declared that the states have agreed it would not be unlawful to work in aged care without being vaccinated stating that “they’re not recommending that that be the case” but “that doesn’t mean that that mightn’t be a position in the future”.…

The position of adopted children in deceased estates

An adopted child has the same rights in relation to the adoptive parent(s) as a natural child born to those adoptive parents. If an adoption order is made, then pursuant to section 95 of the Adoption Act 2000 (NSW): the adopted child has the same rights in relation…

New Code of Conduct for the short-term Rental Accommodation Industry

The prevalence of online booking platforms has seen a significant increase in short-term rental accommodation. Booking platforms have made it very easy for letting agents and hosts to advertise and promote properties and for guests to find short-term accommodation. There has been a shift away from traditional short-term…

Do you have teenage children? You need to read this!

Did you know that it is a criminal offence to have consensual sex or any form of consensual sexual touching when one or both are under the age of 16 years? Example 1: the boy is 16 ½ and the girl is 15 ½ – it is a…

Don’t get sued for Christmas

As the relaxing of social distancing restrictions are coinciding with many workplaces holding their Christmas parties, it is timely to remind employers about their legal obligations to staff, to provide a safe environment at the Christmas party – as well as help employers manage their exposure to claims…

Hung Juries in Sexual Assault Trials

What does a hung Jury mean? In Australia, for an accused to either be found guilty or not guilty of a crime in a jury trial, the starting point is that the jury decision must be unanimous. However, after jury deliberations of about 8 hours or so, the…

New domestic violence laws bad news for unrepresented defendants

A new law recently passed by the NSW parliament is going to make it even more difficult for defendants who cannot afford a lawyer to defend themselves. The law is part of a suite of reforms aimed at making it easier for complainants (alleged victims) in domestic violence…

Challenging a Will as invalid

The grant of probate is based on the understanding that the Will is valid and represents the last testamentary intentions of the deceased. If you believe that the Will that is being propounded as the last Will of the deceased is not valid or that the application for…

Prepare your business for changes to consumer guarantees

From 1 July 2021, consumer guarantees under the Australian Consumer Law (ACL) will apply to a broader range of goods and services. The amending legislation broadens the definition of a ‘consumer’ to mean a person or business who acquires goods or services (on or after 1 July 2021):…

Proposed Changes to Stamp Duty in NSW

On 17 November 2020, the NSW Treasurer announced proposed changes to stamp duty including an election by property purchasers to pay a smaller annual tax in lieu of a one-off up-front lump sum based on the value of the property. Stamp duty has become a major barrier to…

Neighbours inherit waterfront estate

In Moore v Aubusson [2020][1] the plaintiff couple sought a declaration that the defendant executor held the whole of the deceased’s estate on trust for them in equal shares as tenants in common and an order that the estate be transferred to them. The claim was framed on…

Another Owners Corporation is barking mad (Round 2)

A couple of years ago, the Tribunal was asked to determine whether a by-law was invalid by virtue of section 139 of the Strata Schemes Management Act 2015 (NSW) (Act) in Yardy v Owners Corporation SP 57237 [2018][1]. Those proceedings involved ‘Baxter’ a small maltese cross terrier. The…

Woman sued over comment she posted on a facebook mother’s group

A Sydney based travel company commenced defamation proceedings against a member of a private mother’s facebook group that had close to 6,000 members. In Aaren Pty Ltd trading as Price Beat Travel v Arya [2020][1], the defendant published a post on the facebook page of a community group…

Extension of the Residential Tenancies (Amendment) COVID-19 Regulation

The Residential Tenancies (Amendment) COVID-19 Regulation 2020 (Regulation) introduced changes to residential tenancies in New South Wales on 15 April 2020. The Regulation was intended to operate for six months but has recently been extended to operate until 26 March 2021 (relevant period). The Regulation generally prohibits a…

Are you an Impacted Tenant?

We recently reported on the extension of the Residential Tenancies (Amendment) COVID-19 Regulation (NSW) to 26 March 2021 and the matters that the Tribunal may take into account in determining whether a termination notice or termination order is fair and reasonable in the circumstances. The Tribunal recently heard…

Council’s failure to notify a development application

In Simpson v Wakool Shire Council (2012)[1], the Council granted consent to a development application to use an existing industrial building for a dairy processing plant. Mr Simpson commenced judicial review proceedings in relation to the Council’s failure to notify affected landowners. There were two Development Control Plans…

That’s One Big Food Fight

McDonald’s has commenced proceedings in the Federal Court claiming that its competitor, Hungry Jack’s has infringed it’s ‘Big Mac’ trademark with a lookalike burger called the ‘Big Jack’. The ‘Big Jack’ burger was trademarked by Hungry Jack’s earlier in the year. The Plaintiff, McDonald’s Asia Pacific, claims that…

Extension to the Retail and Other Commercial Leases (COVID-19) Regulation 2020

On 23 September 2020, the NSW Treasurer announced that the Retail and Other Commercial Leases (COVID-19) Regulation (Regulation) 2020 will be extended to 31 December 2020. Previously, the Regulation was due to expire on 24 October 2020. The extension is welcome relief for tenants. The Regulation incorporates the…

New form of developer investment: Build-to-rent schemes

Build-to-rent housing projects in NSW are relatively uncommon. That position is anticipated to change with the NSW Government recently announcing reform to the planning and tax provisions governing build-to-rent schemes. Build-to-rent refers to a residential development in which all apartments are owned by the developer and leased to…

Petty Neighbourhood Squabble ends in Court

A Balmain neighbour has been ordered to pay $300,000 in damages plus interest and legal costs for defaming her neighbour on “A Current Affair” in a 2016 broadcast. Rothman J found the neighbour’s comments on the television broadcast were defamatory of Mr Cosco. Interestingly, the Plaintiff Ms Cosco…

When an emoji gets you into trouble

In the high-profile District Court case of Burrows v Houda [2020] NSWDC 485, the Court was asked to consider the meaning of the “zipper-mouth face” emoji on twitter. The case involved a twitter thread discussing the Plaintiff’s alleged misconduct as a lawyer. An “emoji” consists of pictographs of…

Statutory demands and temporary COVID-19 measures

Ordinarily, service of a statutory demand on a debtor company is a remedy under the Corporations Act 2001 (Cth) available to a frustrated creditor when they are owed a debt that is $2,000 or more. A debtor company would normally have 21 days in which to comply with…

Building Bonds – Residential Strata Buildings

Developers of new residential strata buildings that are four storeys and higher are required to pay a building bond to the NSW Fair Trading equal to two percent (2%) of the building contract price. This is a requirement under the Strata Schemes Management Act 2015 (NSW)(Act). The developer…

Another Successful Adverse Possession Claim

Last year a Sydney developer was successful in his claim for legal title of an unoccupied house in Ashbury based on his uninterrupted occupation of the house for more than 12 years. This year we see a further successful claim to title of land that is adverse, that…

Changes to Stamp Duty Thresholds on New Homes in NSW

On 26 July 2020, the NSW Government announced that the threshold above which stamp duty is calculated on new homes for first home buyers will increase from $650,000 to $800,000. A concession on the stamp duty payable will apply on homes valued at between $800,000 and $1million. For…

Consumer Guarantees under the Australian Consumer Law

When you buy a product (or service) from a business, the business must guarantee the product (or service) provided it is under $40,000 or over $40,000 but is normally bought for personal or household use. These consumer guarantees are implied into every contract for sale of goods and…

Proving you were in a De Facto Relationship with the Deceased

If you were in a de facto relationship and your de facto spouse dies intestate (that is, without a Will), it is a very difficult and complex process to apply for and obtain a grant of letters of administration of your spouse’s estate. A de facto relationship for…

Is cryptocurrency “property”?

Cryptocurrency is a form of virtual money stored in a “digital wallet” that does not physically exist. Some of the more well-known cryptocurrencies are bitcoin, ethereum and ripple. They are digital tokens created from code. The currencies are not regulated and are not considered a form of legal…

Proving the Deceased did not make a Will

If your loved one has passed away without a Will and the asset holders (such as the deceased’s banks or nursing home) will not release the deceased’s assets to you without the grant of the Court, you will need to apply to the Supreme Court for letters of…

Transferring a Liquor Licence

Transferring a Liquor Licence If you are buying a business that trades with a liquor licence, then as part of the sale of business agreement, you will need to make an application to the Independent Liquor & Gaming  Authority (ILGA), the statutory decision-maker responsible for determining licensing matters…

HomeBuilder Announcement

As part of a further economic response to the coronavirus, this morning the Treasurer announced a new scheme called HomeBuilder that is designed to assist the residential building and construction industry by encouraging the commencement of new home builds and renovations this year. HomeBuilder will provide eligible owner-occupiers…

Don’t get caught out

For landlords, it might seem like a very simple distinction between what is a retail lease and what is a commercial lease. Most know that if the permitted use under the lease is one of those uses that are ‘prescribed’ under Schedule 1 of the Retail Leases Act…

Paying the Price for failing to confirm bank account details

Emails are not always a secure form of communication and are susceptible to being hacked. The recent case of Deligiannidou v Sundarjee [2020][1] illustrates the consequences of failing to take cyber threats seriously. A buyer entered into a contract to buy residential land. The purchase price was $560,000…

Informal Wills

Under section 6 of the Succession Act 2006 (NSW)(Act), a Will is not valid unless: It is in writing and signed by the testator (or by some other person in the presence of and at the direction of the testator); and The signature is made or acknowledged by…

Providing for your Pet in your Will

While there has been a re-think in recent times about the legal status of pets, domestic animals are still considered to be ‘property’ under Australian law. In fact, even the definition of ‘goods’ under the Competition and Consumer Act 2010 (Cth) includes animals. If you do not make…

Selling a strata scheme to a developer when there are dissenting lots owners

New strata laws came into effect on 30 November 2016 that amongst other things, established a process for the collective sale and renewal of a strata scheme. Almost three years later, the Land & Environment Court finally heard its first application under the 2016 strata scheme sale provisions.…

When a company fails to pay your debt

Previously, we discussed one possible debt recovery remedy against a company: serving that company with a statutory demand. Statutory demands are creatures of the Corporations Act 2001 (Act). If a statutory demand is served on a company, it has 21 days in which to either pay the debt,…

Tribunal determines what is fit for habitation

In our last article, we explored new changes to residential tenancy laws that will prescribe in detail when a premises is fit for habitation. While landlords have always been obligated to ensure their premises are fit for habitation, the Residential Tenancies Act (2010)(Act) does not define fit for…

Witnessing documents in NSW during COVID-19

The witnessing requirements in NSW have been relaxed due to the COVID-19 threat by virtue of a new regulation that amends the Electronic Transactions Regulation 2017 (Regulation). The Regulation came into effect on 22 April 2020. The new regime will be in force until they expire on 26…

Material Facts a Real Estate Agent Must Disclose to Potential Buyers

Under section 52(b) of the Property, Stock and Business Agents Act 2002 (NSW), a real estate agent must not induce another person to enter into a contract or arrangement by failing to disclose a material fact of a kind prescribed by the regulations (whether intended or not) that…

What to do when you want to sell, but your co-owner doesn’t

If you own property with one or more parties and are looking to sell, but your co-owner(s) is uncooperative and doesn’t want to sell, what can you do? In the absence of a co-ownership agreement prepared at the time the parties acquired the property (which sets out the…

New Mandatory Code of Conduct for Commercial Tenancies

On 7 April 2020, the National Cabinet announced a new mandatory Code of Conduct for commercial tenancies. The Code contains 14 good faith leasing principles that apply to small to medium sized enterprises with a turnover of $50M or less and that are eligible for the JobKeeper Payment…

National Electronic Conveyancing Law Update

On 19 March 2020, Australian Registrars National Electronic Conveyancing Council (ARNECC) released a statement concerning the face-to-face identity verification regime and signing of Client Authorisations as a result of the evolving COVID-19 outbreak situation. The statement emphasised particularly relevant sections of two of its published guidance notes. Guidance…

Relief against directors’ personal exposure in COVID-19 times

As part of the government’s economic response to COVID-19, the Corporations Act 2001 (Cth) (Act) has been amended so that subsection 588G(2) does not apply to a person in relation to a debt of a company if the debt is incurred in the 6 months from the date…

Relief against creditor action in COVID-19 times

If a company owes a debt to a creditor, then one option available to that creditor is to serve a statutory demand on the company. In ordinary circumstances, pre-COVID-19 times, a company would have 21 days from service of the statutory demand in which to either party the…

Force Majeure Clauses in Commercial Contracts

A contract by its very nature requires that the parties to the contract perform their obligations which they have expressly agreed to undertake. If a party fails to carry out or discharge its obligations under the contract (in the absence of any provision entitling that party to do…

Parenting Orders and COVID-19

As Federal and State Governments roll out unprecedented social distancing measures and restrictions, to slow the transmission of the highly contagious Coronavirus, we are receiving and responding to many enquiries relating to the obligations of Parents in complying with a variety of court orders in these difficult times.…

Changes to residential tenancy laws

From 23 March 2020, new residential tenancy laws will come into effect. Currently, section 52(1) of the Residential Tenancies Act 2010 (NSW) (Act) provides that a landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant. The Act does…

Changes to the Caravan Regulations as part of bush fire response and recovery efforts

Changes to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (‘Caravan Regulations’) recently came into effect in response to the impact of the recent bush fires in NSW. There were also changes made to the Local Government (General) Regulation 2005 (‘General…

What is a major defect?

The Supreme Court recently considered the meaning of what is a “major defect” for the purposes of the Home Building Act 1989 (NSW)(Act). Stevenson v Ashton [2019][1] was an appeal from the NCAT Appeals Panel. A major defect in residential building work pursuant to section 18E(4) of the…

Changes to off-the-plan contract laws now in effect

From 1 December 2019, new laws to contracts for off the plan developments are now in effect. The changes introduce disclosure requirements on vendor developers so that there is greater transparency to buyers who are looking to buy off-the-plan. The changes apply only to contracts for the sale…

Dodgy Developer Database

The State government announced in late January that it would seek to introduce a new rating system which will rate so-called “dodgy developers”. The proposed ratings system will be based on a calculation of several factors including customer complaints, the length of time a developer has been in…

Landlords can’t claw back fit-out contributions from defaulting tenants

A recent decision in the Victorian Civil and Administrative Tribunal (VCAT) has cemented the position in Victoria and Queensland that landlords can’t claw back fit out contributions from tenants that have defaulted, even if there is an express provision in the lease that says a landlord can, where…

Which law applies?

When there is a dispute between which country’s inheritance law should apply, one must distinguish between movable and immovable property. Movables include chattels not attached to land and choses in action, such as bank accounts and debts owing to a person. Immovables are land and any interest in…

When does trust property vest in a bankrupt’s trustee?

Discretionary family trusts are common asset protection structures. Generally, when a debtor becomes bankrupt, the property of a bankrupt vests forthwith in the bankrupt’s trustee: section 58(1) of the Bankruptcy Act 1966 (Act). However, trust assets held by the bankrupt as trustee do not form part of the…

Stop Bullying Order

Bullied at work? If you believe you have been bullied at work, one option available to you is to apply to the Fair Work Commission for a “stop bullying” order. A copy of your application will be sent to your employer and to the person(s) you allege has…

Re Lapalme; Daley v Leeton [2019] VSC 534

Ms Lapalme made a Will in 2004.  In that Will, she left the residue of her estate to “those grandchildren as shall survive me and attain the age of 18 years as tenants in common in equal shares”.  At the date of her Will, she had only one…

What is a retail premises

Another Victorian Civil & Administrative Tribunal (Tribunal) decision was recently handed down that widens the scope of what is a ‘retail premises’ under the Victorian Retail Leases Act 2003. In NSW, the definition of a retail premises is limited to those premises that “are used, or proposed to…

Nguyen v Nguyen [2019] NSWSC 131

This recent case is just one in a long line of many where it is essential that the parties put their intentions and obligations down in writing prior to purchasing property. Two siblings verbally agreed to buy a residential investment property in Terrigal in 2001 for a purchase…

Henley v Bone [2019] NSWSC 254

Following on from Nguyen v Nguyen, the Court had to revisit a situation between two family members where there was no agreement in writing as to who the beneficial owner of a property was or if there was more than one beneficial owner, their relevant shares in the…

A Timely Reminder About Statutory Demands

If your company has been served with a statutory demand, this should not be taken lightly. It would be a mistake to confuse this demand, which is a creature of the Corporations Act 2001 (Act) with a letter of demand – simply a letter from a creditor “demanding”…

Removing an executor

In Stegnjaic v Stegnjaic [2019][1], the late Mr Stevan Stegnjaic died on 23 October 2016. Mr Milorad Stegnjaic was appointed the sole executor of his late father’s estate. Probate of his late father’s Will was granted to him. The deceased had one other child, namely Mr Sinisa Stegnjaic,…

Failed Debt Recovery Action by Council

In Brisbane City Council v Amos [2019][1], the High Court had to consider two overlapping limitation provisions under the Limitation of Actions Act 1974 (Qld) (Act). The Brisbane City Council brought an action to recover unpaid rates and charges levied between April 1999 and January 2012. The High…