Written by James Mulcahy On 29 April 2025, the Western Australian Court of Appeal handed down its decision in McKnight v Miller.1 The case was an appeal of a decision of the Western Australian District Court, which had earlier overturned a Magistrates’ Court decision....
Written by Katie Vilsbaek When a consumer has purchased a product which fails, they have certain rights to seek remedies under the Australian Consumer Law. The most common type of claim a consumer can bring is against the supplier of a product and/or against the...
Written by Madeleine Los In commercial disputes, one of the most common areas of contention is whether terms and conditions (T&Cs) form part of a contract. Often, when a dispute arises, customers find they are subjected to T&Cs they never explicitly agreed to...
Written by Diane-Maree Rauch In Part One and Part Two, we’ve explored the legal frameworks for water damage claims. To be successful in these claims it is necessary to identify appropriate evidence. It is often difficult to obtain this information. Some practical...
Written by Diane-Maree Rauch In Part One of this series we examined the Victorian legal framework under the Water Act 1989, which place the onus on Councils and Water Authorities to show they did not act unreasonably. In contrast, in other Australian jurisdictions –...
