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Welcome to the October 2014 edition of The Kells Report – helping you make better legal decisions…

Aged Care Reforms 1 July 2014

by Roger Downs

Understanding and dealing with residential care for older Australians has always been complex and decisions often need to be made quickly and at a time of considerable stress. Aged care reforms from 1 July 2014 add fresh complexity and understanding the changes and planning for future care remains vitally important.

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High Court Decision on Builder's Duty of Care

by Lorri Field (Co-written by Johnathan Messieh)

On 8 October 2014 the High Court handed down a unanimous decision finding that a builder does not owe a duty of care to a subsequent purchaser of a unit in a strata titled serviced apartment building.

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Acquisition of Land on Just Terms By Council and Hardship

by Michael Hatfield (Co-written by Law Cadet, Sam Troutman)

The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Act) regulates the compulsory acquisition of land. State agencies like the Roads and Maritime Service and local government agencies use the Act to acquire land.

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What's in a name? The Little Guy Wins in an Action to Restrain Use of "Thredbo" in its Advertising

by Lorri Field

The operators of the Thredbo resort fail in action to restrain use of the word "Thredbo" in an accommodation provider's advertising.

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The information provided in the Kells Report is general in nature. We accept no responsibility to persons acting on the information without first consulting us.

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