Litigation & Dispute Resolution

Building & Construction Security of Payment Act: Purpose and Application

The purpose of the Act and the adjudication process it introduced is to provide a quick and interim resolution to a dispute and ensure that payment for services rendered is promptly made and not unreasonably withheld. The Act facilitates cash flow down the chain and is a powerful tool for “smaller” parties seeking to recover …

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Settlement Offers and Costs Ramifications

The general rule with respect to legal costs is that costs follow the event, unless the court determines that some other order should be made. In other words, if you win a legal case, you are entitled to recover your legal costs from the losing opponent, unless the Court says otherwise. A scenario where the …

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Default Listings: Key Things Every Business Must Know

For many businesses, registering a default listing against a debtor with a credit reporting agency is common practice and assists in the debt recovery process. However, many businesses are not aware of the steps that must be taken under the Privacy Act 1988 (Cth) (“the Privacy Act”) and could render a listing invalid, such that …

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A 2019 Guide to Medical Negligence

Human skills in medicine have come a long way, becoming more and more sophisticated as time has gone on. Surgery can still be a scary thought, but it used to be that the thought of any surgery without any or little painkilling caused humans to prefer certain death over surgery. Surgery was horrifically painful, bloody, …

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Is my claim for a debt statute barred?

Contractual relationships govern most of our daily interactions and over the course of our lives most of us will enter into a contract either as an individual or business. In many cases, these contracts concern one party owing money to another. What often comes as a surprise is that in NSW, there comes a time …

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Can you Throw Out your Ex’s Property?

When a couple separate it is usually the case that one party leaves the home and takes what they can fit in a suitcase. This leaves the other party with the remainder of their property. So, what can you do with your ex’s property, regardless of whether it is valuable or sentimental, can you legally …

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Have you been unfairly dismissed?

Unfairly dismissed. This is a term that can get thrown around quite easily, but what does it actually to mean to be ‘unfairly’ dismissed? Adams & Partners Lawyers have extensive experience representing workers who have been unfairly dismissed and can advise you whether you may have been unfairly dismissed from your job and what you …

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Is Your Business Compliant with Australian Workplace Laws?

Developing and maintaining a great workplace culture is underpinned by legal compliance. If workplace laws are not followed, employees will justifiably feel deceived, and be unmotivated to do the job. As an employer, it is essential your business remains up-to-date and compliant with constantly evolving employment laws and practices. The Fair Work Ombudsman has the …

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The Importance of a Good Bullying and Harassment Policy

Companies in Australia owe a duty to provide a safe working environment free from bullying and harassment. This applies to not only employees, but anyone who has a relationship with your company. Workplace bullying is defined by Safe Work Australia as ‘the repeated and unreasonable behaviour directed towards a worker or a group of workers …

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