A usual principle of civil litigation is that costs "follow the event" - i.e., that the winner is entitled to have part of his or her legal costs paid by the loser. This is the situation in most Australian courts that hear civil proceedings, and also in comparable courts in other 'common law' countries. However, ...continue reading "Why You Might Not Get A Costs Award When Your Claim Under $40,000 Succeeds In The NSW District Court"

A usual principle of civil litigation is that costs "follow the event" - i.e., that the winner is entitled to have part of his or her legal costs paid by the loser. This is the situation in most Australian courts that hear civil proceedings, and also in comparable courts in other 'common law' countries.

However, there are exceptions to this situation. In a recent decision of the NSW Court of Appeal, involving a claim for less than $40,000 (before taking interest into account) - brought on appeal from a decision of the NSW District Court - the NSW Court of Appeal made a number of findings that may have significant implications for some claimants who choose to file their proceedings in the NSW District Court at first instance. The NSW Court of Appeal noted that while the claimant in this particular case was successful in getting a costs order against the defendant, the more usual outcome of bringing a civil claim for less than $40,000 in the NSW District Court is that costs will not be awarded due to the operation of UCPR r.42.35.

'UCPR' stands for the 'Uniform Civil Procedure Rules' which apply to civil proceedings in the NSW District

Years back, I was traveling around our nation by motor home and became smitten with the Northern California coastline, one of the most scenic and beautiful places in the entire United States. During these travels in Northern California I generally picked up a local newspaper at whatever city I was in and stopped into a coffee shop to read it and talk to locals, folks truly living in paradise - and they knew it too.

One conversation I had was with a Native American in Eureka CA, a beautiful area with a little bit of a dark secret - there is a lot of illegal pot growing in those hills, and it was no secret to anyone who lives there or has ever visited or gone to college and nearby Humboldt State University - we talked about the medical marijuana industry and how one day it might be legal to grow for personal use, where people might sell it along-side fruit and vegetables in the regions numerous produce stands. Not long ago, I received a message from this gentleman who I'd met years the prior and he stated;

"We met a few years ago Starbucks in Eureka, Ca and we

The Supreme Court recently ruled that it is legal for contracted attorneys in special cases to use Attorney General's letterhead. You may be scratching your head and asking yourself: Why did this case make it all the way up to the Supreme Court of the United States? Don't the Justices have bigger things to worry about?

Believe it or not, as an Attorney who sues debt collectors for a living, this is a very important case. Suing debt collectors and debt collection law firms can be very tricky. We use a 'least sophisticated' consumer standard in most of these cases. So, when evaluating any debt collection activities, we must put ourselves and our clients in the shoes of the least sophisticated consumer.

The case brought to the Supreme Court questioned whether or not it was legal for contract attorneys (hired to collect state debts) to use Attorney General's letterhead when sending out debt collection letters.

The Issue
The reason why this case was brought up with the Supreme Court is that the Fair Debt Collection Practices Act (FDCPA) states that third-party debt collectors cannot mislead or deceive consumers when collecting consumer debt. Some people believed that using letterhead not belonging to the

Pokemon GO is an augmented reality game that embeds virtual creatures in the physical space. Therefore, virtual and physical space co-exist as the virtual creatures Pokemon can appear anywhere, even in the garden of your neighbour. The goal of the game is to find and catch them.

The intersection of virtual and physical space urged legal professionals to start considering the impact of augmented reality games on privacy, data protection, road accidents, personal injury claims and trespassing.

Privacy and Data Protection:

Personal data protection and privacy are among the primary legal implications that need to be taken into consideration as information about locations is gathered, shared and stored. Personal data protection influences professional and social life, as well as, the private life of citizens.

In Cyprus, 'The Processing of Personal Data (Protection of Individual) Law of 2001' (138(I)2001) regulates the collection, the process and the use of personal data.

Road Accidents and Personal Injury:

Given that Pokemon can appear anywhere, the number of road accidents and personal injuries claims increases. Pokemon GO players are so obsessed with chasing Pokemon, consequently, they are less careful and tend to be more negligent. Personal injury caused by negligence or irresponsibility of the other party can be compensated adequately

There is no such thing as an open and shut California DUI case... there just isn't. The prosecution could charge you with driving with a BAC of. 20%, causing an accident, and being so drunk that you could barely stand, let alone drive a car.

And yet even assuming these facts are true... which they typically aren't... there are still a number of DUI defenses that could result in reduced or even dismissed DUI charges. This is why is it always critical to consult with an experienced California DUI defense attorney before making the decision to plead guilty.

20 Ways to Beat Your California DUI Charges

1. California DUI breath testing is subject to a wide variety of errors

California DUI breath tests are subject to a wide range of errors. These include (but are not limited to)

instrument malfunction,
improper handling by the police,
your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
outside environmental factors (such as radio frequency interference, which is also described below).

While DUI breath testing is the most common way to measure one's BAC, it's not always an accurate one. This is because of the fact that a DUI breath test

If you have been nominated as an executor in someone's Will this means that they want you to take care of their estate after they pass away. However, just because you have been nominated does not mean you have to carry out these duties. This article explains what to do if you have been nominated to be an executor but are not in a position to or do not wish to carry out the duties of an executor.

Duties of an Executor

Being an executor is a big responsibility. The executors will collect in, and administer the deceased person's estate according to the law. This means they will collect the assets, such as bank accounts, savings, and property and pay off the debts, such as taxes and bills. They will then distribute the estate to the beneficiaries named in the Will.

If there is any inheritance tax to be paid the Executors will have to work out what tax is owed and pay the tax bill within a time limit set out by the government.

Turning down the position of Executor prior to the death

If you are nominated to be an Executor you do not have to say yes. You can refuse

As all lawyers know, we are the butt of an abundance of jokes. Though we know these jokes are not to be taken seriously, it can be hard to think about the plethora of lawyer jokes and not wonder where they stem from.

After actively listening to some of the common jokes about lawyers, rather than just brushing them off, I realized these jokes all have one common element: They revolve around an assumption that all lawyers share certain unfavorable personality traits.

They portray lawyers as dishonest, arrogant, unsociable, money- and power-hungry beings.

As a lawyer (as well as the son of a lawyer), I could not disagree more that these stereotypes are not true for the vast majority of lawyers.

Though I understand the origins of some of these inaccurate characterizations, it is unfortunate that some of the necessary traits of a successful lawyer have been manipulated into negative stereotypes.

Rather than refute the obviously false qualities in lawyer jokes, I'd like to highlight some of the interesting and less frequently talked about personality traits of lawyers.


In many articles and studies regarding lawyers' personalities, skepticism is consistently the highest scoring trait among lawyers. Skepticism refers to the tendency to be questioning rather than simply