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Strata disputes in small schemes often arise not from major building defects, but from everyday decisions about maintenance and expenditure. A 2021 decision of the NSW Civil and Administrative Tribunal (NCAT), Taylor v The Owners Strata Plan No 53919 [2021] NSWCATCD 2, provides important guidance fo...
Loan agreements and mortgages are among the most significant legal documents individuals and business owners will sign. They carry long-term financial consequences and, if default occurs, expose borrowers to possession proceedings and substantial cost liabilities.
The recent Supreme Court of Victor...
Section 26 of the Civil Procedure Act 2005Â (NSW) plays a critical role in shaping how civil litigation is conducted in New South Wales. By promoting the use of alternative dispute resolution (ADR) mechanisms such as mediation, this provision supports the overriding purpose of the Act, ensuring the j...
Strata disputes involving water damage are increasingly common in New South Wales, particularly as many strata schemes age and infrastructure deteriorates. Section 106 of the Strata Schemes Management Act 2015 (NSW) imposes a strict duty on the Owners Corporation (OC) to maintain and repair common p...
A South Australian Supreme Court decision from last year, In the Estate of Olive Deane Pepper (Deceased) [2025] SASC 103, offers a timely reminder of the importance of precise language in Will, especially when family relationships are complex. The case involved a dispute over whether an adopted-out ...
When personal relationships fracture, the fallout often extends beyond the home, and for business owners, the commercial consequences can be dire. The 2024 Federal Circuit and Family Court decision in Emmerton & Manwaring (No 2) [2024] FedCFamC2F 966 offers a sobering example of how poor business go...
In the ever-evolving landscape of Australian property law, few cases illustrate the practical application of equitable principles in co-ownership disputes better than Parkas v Shankar [2025] NSWSC 1140. This New South Wales Supreme Court decision explores a long-standing family property dispute that...
When a person dies without a will (intestate), the law provides rules about who inherits the estate. But what happens when a person claims to be the deceased’s de facto partner and wants to either administer the estate or make a family provision claim under the Succession Act 2006 (NSW)? The case of...
When planning to build a home, it’s common for homeowners to consult different builders and compare prices and design ideas. However, few realise that using someone else's house plans without permission, even with some modifications, can breach copyright law.
In this blog, we unpack the decision in...
Disputes over trees growing on a neighbouring property can be emotionally charged and legally complex. Homeowners often face difficult questions when overhanging branches or falling limbs cause damage or raise concerns about safety. In these situations, Part 2 of the Trees (Disputes Between Neighbou...
In modern Australia, blended families are increasingly common, bringing with them complex family dynamics, competing loyalties, and heightened risks of conflict when it comes to estate planning.  Nowhere are these risks more apparent than in the appointment of an Enduring Power of Attorney (EPOA), p...
Selling a business isn’t just about agreeing on a price. It’s about clearly defining who gets what and when. A Supreme Court of NSW case, Dangerous Goods Training Centre Pty Ltd v South Pacific Training Group Pty Ltd [2025] NSWSC 1356, sheds light on a common yet often overlooked issue in business s...
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.
