Blog
On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or even your boat.
A quick history lesson
We all get taught about the importance and history of the Anzac landing on the shores of Gallipoli...
CASE UPDATE
Last week, the New South Wales Supreme Court considered the issue whether the words "my children", when used in the context of the deceased's Will, included a child that the deceased adopted out shortly after he was born (see John Hamilton Condon v Simon Anthony Tonkinn ...
If you are the beneficiary of a Will it is important to know what your rights are in regards to obtaining and protecting your entitlement.
- Right to Information
You have the right to be kept informed of factors concerning probate and distribution of your entitlement under the Will. This...
There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), rather than employees (who are engaged on a more permanent basis, irrespective of the workload)....
Property purchasers and especially real estate agents should take note of a Supreme Court decision handed down last week in relation to representations made regarding a property’s right of way (aka “easement for carriageway”), and whether the property owners had the...
A recent Supreme Court decision (Cole v Lee [2017] NSWSC 1011) has highlighted the importance of having a Partnership Agreement and following the provisions of said Agreement when looking to terminate or retire from the partnership.
Background to the matter
The plaintiff (Ms Cole) operated a...
What are outgoings?
Outgoings are expenses incurred by the landlord arising out of its ownership of the premises.
Typical outgoings include:
- Taxes fees and charges – e.g. Council rates, water rates, land tax
- Day to day costs – e.g. cleaning, garbage collection
- Maintenance and repair...
We have spoken before about phoenix activity and government attempts in the past to crackdown on the illegal activity:
- New scheme to prevent subcontractor rip-offs
- Alleged misrepresentations and unconscionability in the training industry
The Federal Government is now calling for submissions for...
Workplace bullying takes place if:
- a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening; and
- the behaviour creates a risk to health and safety.
Whether or not such behaviour is...
The recent case of Ryan v Dalton highlights the role of testamentary capacity when making a will. The case emphasised that there is a burden on the proponent of the will to demonstrate to the court that the last will created was made by a “free and capable” testator.
...
PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client?
To name just a few:
- Less room for error - There is less chance of issues arising at settlement causing...
An enduring power of attorney is a powerful document.
In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:
"First, is it to my benefit and in my interests to...
