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Can you be bound by a written agreement even if you claim you didn’t sign it, and the signature on it is a forgery? estoppel loan agreements mortgage property Jan 17, 2024

Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564

This matter concerned a lender seeking to recover the outstanding balance of a 2017 loan it made to the defendant, after the defendant made some repayments (including the net proceeds of the sale of the security property at Parramatta) but...

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Can you protect your view? easements neighbours nuisance property supreme court Oct 04, 2023

Imagine that you have just purchased your dream property, complete with a picturesque view of the harbour. Until one day, your neighbour directly in front of you decides it's time for them to expand their family, and so they build another storey on top of their house, effectively blocking your...

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Is a wine bin number inherently able to distinguish it as a trade mark? business business law business lawyer ip australia trade marks Sep 17, 2023

An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other...

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When an Estate is left to adult children but not the deceased's spouse deceased estate family provision succession act supreme court Sep 13, 2023

Yet again, the Supreme Court has dealt with the issue as to whether provision should be made from a deceased estate for a person who claims to have been the deceased's de facto partner, or some other form of "eligible person", for that person's future maintenance, education or...

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First Home Buyers - read on ... first home buyer property property law Jul 03, 2023

With this new financial year 2023/24 comes changes to various schemes with Revenue NSW.  So if you're a first home buyer in particular, read on - the following changes apply to contracts that are exchanged on or after 1 July 2023:

1. First Home Buyers Assistance Scheme

The...

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When is a property landlord ready, willing and able to settle the sale? lease property purchasing property selling property supreme court May 29, 2023

If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, ït was "ready, willing and able" to settle.  If it wasn't, then it cannot seek...

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What came first - the mortgagee's power of sale, or the owner's alleged sale? caveat conveyancing loan agreements mortgage power of sale property property law real property act supreme court May 16, 2023

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were...

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The tale of two women, two teenage dreams and one name - Katy Perry vs Katie Perry business federal court intellectual property trade marks May 03, 2023

As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:

"This is a tale of two women, two teenage dreams and one name."

Katie Taylor (nee Perry) - the Australian fashion designer

  • a fashion designer
  • designed and sold clothes under the name "Katie Perry" since...
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A franchisor’s duty to avoid misleading and deceptive conduct during pre-contract negotiations business business law franchises franchising code of conduct good faith misleading and deceptive conduct unconscionable conduct Apr 12, 2023

The franchising industry has been a vital part of the Australian economy, contributing significantly to employment and economic growth. According to 2022 figures, the franchising industry in Australia is estimated to be worth around $172 billion, with approximately 1,120 franchisors operating in...

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The power of section 100 statements: exploring the testator's choices in estate planning estate planning estates family provision succession act supreme court Apr 10, 2023

 When a person creates a will, they have the power to decide who will inherit their property and assets after they pass away. In some cases, a testator may choose to exclude a child from their will, and in such cases, they may choose to include a statement explaining the reasons why the...

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When a husband forges his wife’s signature for the sale of their property authority property property law selling property Feb 01, 2023

Jargo v Patterson [2022] NSW 1049

The transaction

The purchasers claimed that they entered into a valid and binding contract for the purchase of a property at Burwood in Sydney from the husband and wife owners for a purchase price of $4,507,000, however the owners denied that the alleged contract...

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Who is a "child" when planning your estate? estate planning estates family provision succession act Dec 07, 2022

In a modern society where dynamic family structures are becoming more prevalent and varying methods of contraception are widely accessible, it follows that the legal definition of a 'child' has broadened significantly. Where 'child' was previously considered as only biological, the definition has...

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