Losing a loved one is never easy, and legal disputes over their estate can add further stress for grieving families. Tensions often arise when a family member has been living in the deceased’s home for many years and expects to remain there, even if the will does not explicitly gra...
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Misusing Company Funds: Lessons from Macarthur Farm Pty Ltd
Mar 12, 2025
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Company directors owe strict legal duties when managing corporate funds, and breaches of these duties can lead to significant legal consequences. This was evident in the recent case of In the Matter of Macarthur Farm Pty Ltd [2025] NSWSC 40, where the Supreme Court of New South Wales examined allega...
When is recovery of a stale judgment debt an abuse of process?
Mar 05, 2025
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Recovering an unpaid debt from a debtor generally involves a 2 step process - you need to prove that the debt exists and is payable (at which point, the Court will award judgment in your favour as the creditor) and then you need to enforce the debt (that is, seek to get payment of the debt in compli...
Understanding the Upcoming Changes to Casual Conversion Laws: A Guide for Small Business Owners
Feb 26, 2025
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As a small business owner, staying informed about legislative changes that affect your workforce is crucial. One significant update on the horizon pertains to casual employment and the pathways for casual employees to transition to permanent roles.
Firstly, the definition of casual employee (as per...
Undue influence by a beneficiary - implications for the subsequent family provision claim
Jan 22, 2025
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In New South Wales, an "eligible person" making a claim on a deceased estate needs to establish that inadequate provision was made by the deceased for the claimant's "proper maintenance, education or advancement in life" (section 59 of the Succession Act). If the claimant has already been provided ...
Why a corporate power of attorney is so important
Jan 15, 2025
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In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...
Understanding Mortgagee Responsibilities and Mortgagor Rights in Power of Sale Transactions
Jan 08, 2025
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When a mortgagee exercises the power of sale over a mortgaged property in New South Wales, they are bound by specific legal obligations to ensure fairness and transparency. Section 111A of the Conveyancing Act 1919 (NSW) codifies these duties, emphasising the mortgagee's responsibility to secure an ...
De Facto Directors: Hidden Responsibilities and Legal Risks Under Australian Law
Dec 12, 2024
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In the complex world of corporate governance, not all directors sit formally at the boardroom table. Some individuals may be exercising director-level influence without realizing they carry the same legal obligations as appointed directors. These are known as de facto directors, and understanding th...
Expanded protections under the Retail Leases Act - understanding the impact on rent review clauses
Dec 04, 2024
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Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW)Â . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...
When a Business Succession Agreement is not enough to deal with the death of a business partner
Nov 29, 2024
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Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383
The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late Mr Darren Verwijmeren. The t...
Instructing an expert in an estate challenge - lessons from the Green case
Nov 20, 2024
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Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal pr...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.