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POSTED: 20 Apr 2018
Marsdens Law Group is proud to support the South West Sydney Football Bid.
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POSTED: 16 Apr 2018
On 29 August 2013, Francesco Puleio was an employee of Olam Orchards Australia Pty Ltd and was working at the “Annuello” orchard in Wemen, Western Victoria. He died when a slasher, which was attached to a Kubota tractor, rolled onto him. The deceased had been using the tractor and slasher to mow grass on the property. A critical issue was the deceased’s level of intoxication at the time of the accident.Mrs Sandra Puleio, the widow of the deceased commenced proceedings in the Supreme Court of Victoria against Olam Orchards, in negligence and claimed damages. She claimed that her husband’s death was caused by the negligence of Olam Orchards and that as a “secondary victim” it also breached its duty of...
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POSTED: 13 Apr 2018
A man, who suffered serious injuries in a helicopter crash in the Northern Territory, has now had his claim for damages extinguished, with the Supreme Court of the Northern Territory finding that proceedings were commenced five weeks after the expiry of the limitation period.
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POSTED: 11 Apr 2018
Many people recently have been shocked to be advised for the first time by the NSW Government that their land is identified for compulsory acquisition for the Outer Sydney Orbital. David Baird, Partner of our firm specialises in compulsory acquisition of land by government authorities. David has substantial experience in these matters and is already assisting others in advising on the current investigation phase being undertaken by Transport for NSW.
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POSTED: 10 Apr 2018
A woman, who was injured when her trolley hit her shin as she was trying to go through the entry gates at Aldi, and successfully sued Aldi at first instance, has now been unsuccessful on appeal.
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POSTED: 03 Apr 2018
The Federal Court held that Heinz represented that three of its Little Kids SHREDZ fruit products were beneficial to the health of toddlers (aged 1–3 years) when the products were not beneficial to toddlers’ health due to high sugar content and sticky texture: ACCC v H J Heinz Company Australia Limited (2018) ATPR 42-588; [2018] FCA 360 at [315].By doing so, Heinz engaged in misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law (ACL) and made a false or misleading representation that the products had benefits in contravention of s 29(1)(g) of the ACL: [315], [275].
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POSTED: 23 Mar 2018
The purpose of this article is to alert you to the Employment Law services that we provide and which we have recently expanded because of the importance in this area of the law.Whilst we have been involved in many Employment Law related drafting, issues and disputes for businesses of all sizes over the last 20+ years, given what we see as a probable increase in activity in this area we have added to our personnel so as to be equipped to assist you as and when needed be it a dispute or front end drafting.Simon Kumar who practices out of our Campbelltown office has vast practical experience in dealing with a wide range of matters for employers, including in the...
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POSTED: 20 Mar 2018
On 12 August 2014, Louisa Dow was driving home from work. Her vehicle was stationary in a slip lane for traffic turning when Mahmoud Elbarbary’s vehicle collided with the rear of her vehicle. The impact was not a major impact and Ms Dow sustained a whiplash injury.Ms Dow commenced proceedings against Mr Elbarbary in the Supreme Court of the Australian Capital Territory, in negligence and claimed damages. Liability for the accident was admitted and the matter proceeded to a hearing as to damages only.Ms Dow claimed that she suffered musculoligamentous injury, anxiety about traveling in cars, and other psychological sequelae of the accident. Mr Elbarbary argued that Ms Dow recovered within, at most, six months of the accident.
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POSTED: 19 Mar 2018
On 13 February 2018, the NSW Government introduced the Treasury Laws Amendment (2018 Measures No. 1) Bill 2018 (Bill) that proposes to change the way GST is paid for particular real property transactions. The Bill will not become law until it has received Royal Assent.The proposed amendments were introduced to address non-compliance by vendors who avoid payment of GST through a process known as ‘phoenixing,’ whereby the vendor would dissolve their business prior to lodgment of their next BAS statement.As part of the settlement process, purchasers will be required to remit the GST applicable to the sale directly to the Australian Taxation Office (ATO), as opposed to the current framework whereby the vendor is responsible for remitting the GST.
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POSTED: 16 Mar 2018
The Duties Act 1997 (NSW) sets out instances where a concessional or nominal amount of duty is payable on the transfer of property.Section 54(3) of the Duties Act 1997 (NSW) is an example of such a provision and states as follows:“(3) Duty of $50 is chargeable in respect of a transfer of dutiable trust property to a person (other than to a licensed trustee company, a special trustee, a trustee of a self managed superannuation fund or a trustee of a special disability trust) as a consequence of the retirement of a trustee or the appointment of a new trustee if the Chief Commissioner is satisfied that, as the case may be:
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