The Supreme Court made orders in 2017 regarding the winding up of a partnership that operated a real estate agency. The two former partners agreed upon the existence and duration of their … [Read more...]
The importance of following proper processes for making a Statutory Declaration
As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations. As authorised witnesses, we must ensure that we comply with the … [Read more...]
Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation
If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of … [Read more...]
When the validity of a by-law is challenged
Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law … [Read more...]
Your obligations regarding maintenance of the property you have just sold
Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the … [Read more...]
Was the kiss in the contract?
You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss. Whilst … [Read more...]
Sham contracting – are your independent contractors really employees? And entitled to be paid as such?
Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an … [Read more...]
Need advice or direction when acting under a Power of Attorney?
If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the … [Read more...]
When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?
Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of … [Read more...]
“Crisp orders” – more than just a life interest
The term "Crisp order" refers to the principal established by the 1979 Supreme Court of New South Wales decision, Crisp v Burns Philp Trustee Company Ltd. The principle relates to family provision … [Read more...]
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