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Estate Disputes & Possession: Theocharous v Theocharous [2025] NSWSC 45 beneficiaries deceased estate estates supreme court Mar 19, 2025

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 business litigation Mar 12, 2025

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...

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When is recovery of a stale judgment debt an abuse of process? debt recovery default judgment litigation Mar 05, 2025

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...

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Understanding the Upcoming Changes to Casual Conversion Laws: A Guide for Small Business Owners business employment law fair work act Feb 26, 2025

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...

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Lending money to your adult children? Important lessons from the Gray v O'Donnell case contract law loan agreements property law Jan 29, 2025

When parents lend money to their adult children to help them buy property, the arrangement often begins with the best of intentions. However, life’s uncertainties—such as divorce, property settlements, or financial hardship like bankruptcy—can complicate matters, leaving

...
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Undue influence by a beneficiary - implications for the subsequent family provision claim deceased estate estates family provision supreme court Jan 22, 2025

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 ...

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Why a corporate power of attorney is so important business business law corporation corporations act power of attorney Jan 15, 2025

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...

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Understanding Mortgagee Responsibilities and Mortgagor Rights in Power of Sale Transactions conveyancing act mortgage power of sale property Jan 08, 2025

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 ...

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De Facto Directors: Hidden Responsibilities and Legal Risks Under Australian Law business corporations act director penalty notice Dec 12, 2024

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...

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Expanded protections under the Retail Leases Act - understanding the impact on rent review clauses business property retail lease retail leases act Dec 04, 2024

Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW) . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...

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When a Business Succession Agreement is not enough to deal with the death of a business partner business business agreement deceased estate estate planning Nov 29, 2024

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...

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Instructing an expert in an estate challenge - lessons from the Green case capacity deceased estate estate estate planning supreme court Nov 20, 2024

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...

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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.