Heads of Agreement – Key Legal Risks and Considerations in New South Wales
Heads of Agreement (HOAs) are often used in business transactions to record the principal terms agreed between parties before a formal contract is signed. Although they can be useful in progressing negotiations, they may create unexpected legal obligations or significant legal risks if they are not drafted clearly and carefully. A primary risk of a Heads of Agreement (HOA) is uncertainty about whether it, or parts of it, are legally binding. Enforceability depends on whether the parties...
Negligence Isn’t Enough: The Limits of Subrogated Recovery Against Lot Owners in NSW Strata Claims
When considering a subrogated recovery against a lot owner in a NSW strata scheme, one of the first issues strata insurers should consider is section 170 of the Strata Schemes Management Act 2015 (NSW). Section 170 significantly limits an insurer's ability to pursue a lot owner after indemnifying an owners corporation. Where an insurer accepts a claim made by an owners corporation for loss based on an act or omission of a lot owner, the insurer has no right of subrogation against that lot...
Australia’s Right to Disconnect: Two Years Later and the First Test Case Emerges
Two years on Nearly two years after Australia's ‘right to disconnect’ was first introduced for many employees, employers are beginning to see how the reforms may operate in practice. While there has been significant discussion about the new workplace right since its commencement, there has been little judicial guidance on its application. However, this may soon change as the Federal Court of Australia has proceedings underway involving an adverse action claim partially relying on the right to...
Tort of Serious Invasion of Privacy
The statutory tort for the serious invasion of privacy, which was introduced as an amendment to the Privacy Act 1988 (Cth) (‘the Act’), commenced in June 2025. The amendment follows the recommendations contained in the Privacy Act Review Report issued by the Attorney-General’s Department, and seeks to respond to the modern era of technological advancements which presents increased risks and opportunities for serious and malicious breaches to individual’s privacy. Individuals may now be able to...
How Proactive Legal Planning Protects and Strengthens Small Businesses
Running a small business means constantly shifting between operational demands and long‑term strategy. With so many moving parts, legal considerations can slip down the priority list until a problem forces them into focus. Taking the time to appropriately assess and manage risk is key to an effective business strategy, longevity and preventing expensive complications later. Whether it involves proactively reviewing contracts, staying on top of regulatory requirements and changes in the...
![AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2](https://jtalaw.com.au/wp-content/uploads/2026/05/Duty-of-care-1000x675.jpg)
AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2
The recent High Court of Australia decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 overruled parts of the decision of New South Wales v Lepore [2003] HCA 4 (‘Lepore’), finding that duty holders can be liable for breaches of a non-delegable common law duty of care regarding intentional criminal acts of a delegate who is acting within the scope of their duties. Facts The plaintiff (AA), who was 13 years old in 1969, alleged that he...
Rushed Deals, Messy Contracts: A Costly Combination
When does anyone typically read a contract after it has been signed and the deal is done? More often than not, it is when they are looking for answers because of uncertainty or something has gone wrong. Whilst contracts form the backbone of most business relationships, they are often overlooked or rushed through in the early stages of a deal. A well-drafted contract does more than outline terms - it sets expectations, defines responsibilities, allows issues to be ventilated and helps prevent...
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