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Top Ormiston Government Law Questions

Common legal questions answered by Government Law lawyers.

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Q
What are the common defenses against medical negligence claims?

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Common defenses include arguing that the provider's actions were in line with accepted medical practice or that the injury was unavoidable.;Another defense may be contributory negligence, where the patient's own actio...

Q
What are the regulations around payday loans in Australia?

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Payday loans in Australia are regulated by the National Consumer Credit Protection Act 2009, which caps fees and interest rates that lenders can charge.;Lenders are also required to assess the borrower's ability to re...

Q
How are capital gains taxed in Australia?

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Capital gains tax in Australia is calculated based on the profit from the sale of an asset, with discounts available for assets held longer than 12 months.;Individuals must report capital gains in their tax returns, a...

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
What are the rules for government transparency?

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The Australian government is required to adhere to the principles of open government, which include transparency and accountability.;Legislation such as the Freedom of Information Act 1982 and the Public Governance, P...

Q
What is the difference between an agreement and a contract?

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An agreement is a mutual understanding between parties, while a contract is a legally binding agreement enforceable by law.;Contracts must contain all essential elements, whereas agreements may lack enforceability.

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...

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