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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...

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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...

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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...

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Legal Issues Arising from Powers of Attorney: Key Case Insights estate estate planning estates power of attorney Nov 13, 2024

Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog...

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Lessons to be learned from this family business dispute business family business heads of agreement supreme court Nov 06, 2024

A family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New...

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Key Issues Commercial Landlords Must Address: Mould, Water Ingress, and Tenant Rights commercial lease lease property Oct 30, 2024

Commercial landlords face a variety of challenges when maintaining their properties. One of the most significant and recurring issues is the presence of mould and water ingress, which can cause health risks and property damage. These issues are especially pertinent in flood-affected areas, where...

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Alexakis v Wan [2021] NSWCA 172: Clarifying Payment Deadlines in Property Contracts contract law property property law purchasing property Oct 23, 2024

In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and...

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But you promised me the farm?!? Promissory estoppel and the alternate family provision claim deceased estate estates family provision promissory estoppel supreme court Oct 16, 2024

Hildebrandt v Papakonstantinou [2024] NSWSC 1181 (19 September 2024)

 In a recent case decided by the New South Wales Supreme Court, the plaintiffs sought relief based on the doctrine of proprietary estoppel and, alternatively, a family provision order in relation to a rural property owned...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the...

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Dispute over Property Access and Trespass: Hill v Wirepa - A Case Study conveyancing act easements property property law tresspass Oct 02, 2024

Property disputes between neighbouring landowners can often lead to complex legal battles. Such is the case with Hill v Wirepa, a dispute over access to rural land in Hastings Shire, west of Port Macquarie, New South Wales. This case revolves around allegations of trespass and misuse of property...

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Additional estate provision for spouse - from the children's shares deceased estate estate estates family provision supreme court Sep 03, 2024

Pillinger v Lees [2024] NSWSC 1067 (23 August 2024)

The Supreme Court of New South Wales last week ruled on a family provision claim brought by a spouse against the estate of her late husband. This case, under Section 59 of the Succession Act 2006 (NSW), focused on whether sufficient provision...

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Trouble was a-brewing for a tea industry partnership business business law partnership agreements supreme court May 29, 2024

A partnership agreement will typically contain a provision specifying what happens if a partner wishes to exit the partnership - for example, in the case of retirement. The agreement will then typically also contain a provision specifying how the outgoing partner's share in the partnership...

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