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Common intention and family property disputes deceased estate estate property trusts Oct 15, 2025

When informal family arrangements intersect with substantial financial contributions and property ownership, disputes can often arise following the unexpected death of a family member. The Khoury family case, recently dealt with by the Supreme Court of New South Wales, provides a detailed analysis o...

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Tribunal Confirms Limits of Leaseholder’s Rights Over Basement Area: Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1 business commercial lease lease property Oct 08, 2025

A recent Appeal Panel decision of the NSW Civil and Administrative Tribunal (Take Two Seven Pty Ltd v Hewson Properties Pty Ltd [2025] NSWCATAP 1) has confirmed that a lessee’s claim to the entire basement of a leased commercial premises can be defeated where the terms of the lease and supporting do...

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When Land Promises Fall Through: Proprietary Estoppel, Contractual Duties and Boundary Realignment in NSW Property Law business business agreement property Oct 01, 2025

In a recent decision of the NSW Supreme Court, Hederics v Spare Weel Pty Ltd [2025] NSWSC 1171, Justice Williams considered the breakdown of a farming partnership and a subsequent dispute over land ownership – raising important questions about proprietary estoppel, boundary realignment, and implied ...

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When a business partnership goes sour business business agreement partnership agreements shareholder agreement Sep 24, 2025

Running a business can be both rewarding and risky - especially if its a cafe operated not by a single owner, but by business partners — often friends or family — who decide to “go in together.” But when agreements are made informally, without clear written contracts, disputes can quickly arise.

Th...

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Lessons for Café Tenants business business law commercial lease retail leases act Sep 17, 2025

Running a café in a small town can be as much about the relationship with your landlord as it is about your menu. A recent case before the NSW Civil and Administrative Tribunal—Gardener v Bright; Bright v Gardener [2025] NSWCATCD 23—serves as a stark reminder of the importance of clear agree

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What happens when a business sale falls through business business purchase business sale Sep 10, 2025

For clients buying or selling a business, especially one involving leased premises, it is critical that we consider whether the business operates from leased premises, and how that lease is to be dealt with as part of the sale.  Usually, having leased premises will require a special condition to be ...

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Family Provision Claims and Moral Duty for Adult Children deceased estate estates family provision Sep 03, 2025

The recent decision in Cotter v Tomassini highlights the complex interplay between estranged family relationships, discretionary trusts, and family provision claims brought under succession legislation. Although this matter was heard under Victorian legislation, the principles examined by the Court ...

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When a Share Sale Goes Wrong: The Costly Consequences of Failing to Honour a Business Agreement business business agreement Aug 27, 2025

The New South Wales Court of Appeal's decision in Tok v Rashazar [2025] NSWCA 94 provides significant insights into contractual obligations, the enforcement of share sale agreements, and the principles surrounding unjust enrichment. This case underscores the importance of adhering to contractual com...

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Was the personal loan enforceable - even though not signed? business loan agreements Aug 20, 2025

In personal and business relationships alike, large sums of money often change hands informally. When disputes arise, courts are frequently called upon to determine the true nature of such transactions. The recent decision in Kempe v Grine [2025] NSWDC 227 shines a spotlight on the legal complexitie...

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Why an Experienced Estate Lawyer Matters: Lessons from Perry v Perry [2021] NSWSC 1669 estate lawyer estates Aug 13, 2025

When it comes to planning your estate, many people assume that a basic will or a do-it-yourself kit will suffice. But as the Supreme Court decision in Perry v Perry [2021] NSWSC 1669 reveals, inadequate estate planning and a lack of legal guidance can lead to decades of dispute, fractured families, ...

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Pamplin v Irwin – Lessons for Business Owners from a Complex Family Dispute business deceased estate estate family trust property supreme court Aug 06, 2025

When family and business interests intersect, the consequences can be legally and financially significant. The Supreme Court Court of Appeal decision in Pamplin v Irwin [2024] NSWCA 213 illustrates how informal arrangements, unclear ownership structures, and a failure to document agreements can resu...

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Transferring employees and recognition of prior service business employee rights employment law unfair dismissal Jul 30, 2025

The Fair Work Commission’s recent decision in Hooper v Shahbod Pty Ltd [2025] FWC 1624 reinforces a vital truth in employment law: small business and probationary employment do not exempt employers from fair process. The case involved the summary dismissal of a barista during a probationary period—a...

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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.