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Top Wongawallan Real Estate & Conveyancing Questions

Common legal questions answered by Real Estate & Conveyancing lawyers.

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Q
How is negligence determined in Australian civil law?

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Negligence is determined by assessing whether the defendant owed a duty of care, breached that duty, and caused harm or damage as a result.;The plaintiff must prove that the harm was a foreseeable consequence of the d...

Q
What is the role of intent in defamation cases?

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Intent is not a necessary element in proving defamation; what matters is the effect of the statement on the plaintiff's reputation.;However, demonstrating malicious intent can support claims for aggravated or punitive...

Q
How are intestate estates handled in Australia?

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If a person dies intestate, their estate is distributed according to the intestacy laws of the state or territory, which typically prioritize spouses and children.;An administrator is appointed by the court to manage...

Q
What are the legal obligations of a franchisor?

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A franchisor's obligations include providing a disclosure document, ensuring the franchisee receives training and support, and adhering to the franchise agreement.;They must also comply with the Franchising Code of Co...

Q
How does the Australian Constitution protect individual rights?

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While the Australian Constitution does not contain an explicit bill of rights, it includes provisions that protect certain individual rights, such as the right to a fair trial.;The High Court has also interpreted some...

Q
Can a social media post be considered defamation?

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Yes, social media posts can be considered defamatory if they meet the criteria of defamation, including publication, identification, and harm.;The reach and permanence of social media can amplify the impact of defamat...

Q
What are the common causes of construction disputes?

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Common causes of construction disputes include delays, quality of work, contract interpretation, and payment issues.;Miscommunication and differing expectations between parties often exacerbate these disputes.

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