The Etheringtons Blog

What Is Litigation?

What is Litigation?

Litigation is a way of resolving disputes that uses courts and solicitors. Disputes usually fall into the following classifications: civil or criminal. Civil Litigation In civil cases, your  lawyer will represent…

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Case Study: When Binding Financial Agreements Aren’t Enforceable

Case Study: When Binding Financial Agreements Aren't Enforceable

Binding financial agreements can allow for certainty, trust, and peace of mind in a relationship. However, the High Court has made it clear in a recent case that it will…

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The Security Of Payment Act NSW – Keeping Up With Technology

The Security of Payment Act NSW - Keeping up with Technology

What is the Security of Payment Act in NSW? The Building & Construction Industry Security of Payment Act 1999 (NSW) (‘the SOPA’) aims to facilitate efficient debt recovery processes undertaken by construction…

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Redundancy – Defending Claims Of Unfair Dismissal In NSW

Redundancy - Defending Claims of Unfair Dismissal in NSW

What is redundancy? Redundancy occurs for many reasons. Businesses may have had a significant decrease in revenue or may have been subject to a takeover or amalgamation. In these circumstances…

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What Is The Tort Of Negligence?

What Is the Tort of Negligence?

What is Negligence? Negligence is about taking reasonable care to avoid causing damage to another person. It applies to both individuals and businesses. There are several factors that need to…

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Workplace Computer Surveillance In NSW

Workplace Computer Surveillance in NSW

Employee's use of workplace computers is often watched by employers. This is commonly for security reasons or to ensure appropriate behaviour. Legislation in NSW is very specific however, that unless…

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Extending The Olive Branch: Dealing With Disputes Over Neighbouring Trees

Extending the Olive Branch: Dealing with Disputes over Neighbouring Trees

Common Trees Disputes Disputes with neighbours over dangerous or intrusive trees on their property are very common. A recent case in Queensland involved one neighbour trespassing on the land of…

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The Difference Between Contractor And Employee

The Difference Between Contractor and Employee

Legally, whether someone is classified as an employee or an independent contractor is vastly different. If a person is an employee rather than an independent contractor, they will be covered…

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Keeping Pets In Strata Schemes

Keeping Pets in Strata Schemes

Have you ever been forced to choose between keeping your pet and living in a strata building? You are not alone. Did you know that Australia has one of the…

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Be Careful What You Meme

Be Careful what You Meme

The area of defamation law is rapidly expanding as we find new ways to engage with each other over the internet. In this technological era, we caution you to be…

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What Is A Restraint Of Trade And Can It Be Enforced?

What Is a Restraint of Trade and Can It Be Enforced?

What Is a Restraint of Trade Clause? Restraint of trade clauses are common in employment contracts. They prevent you from competing with your employer’s business, poaching staff or soliciting clients…

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Bankruptcy Information: October 2017 Update

Bankruptcy Information: October 2017 Update

Reduction of Bankruptcy It is likely that bankruptcy will be reduced from three years to one year. This is from the second reading speech of the Bankruptcy Amendment (Enterprise Incentives)…

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