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False sick leave claims - grounds for instant dismissal? business employment law fair work unfair dismissal Apr 30, 2025

In the recent case of Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the Fair Work Commission (FWC) has provided clear guidance on serious misconduct, honesty in employment, and the application of the Small Business Fair Dismissal Code. This case serves as a strong reminder that e...

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When family and property disputes collide estate family provision promissory estoppel property Apr 23, 2025

When it comes to managing family assets, especially after the death of a loved one, disputes can quickly escalate — particularly when promises and expectations clash with documented legal arrangements. The recent decision in Maria Di Giannantonio v Michael Di Giannantonio [2025] NSWSC 346 offers a t...

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The Maroubra Cafe lease dispute business lease property retail lease Apr 16, 2025

Lease disputes between commercial tenants and landlords can be complex, particularly when disagreements arise over the scope of leased premises, obligations under the lease, and termination rights. The case of Maroubra Pool Café Pty Ltd v Fedele [2017] NSWSC 1722 highlights these issues, with the Su...

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The case of the missing will and unwitnessed codicil deceased estate estates informal wills succession act supreme court Apr 09, 2025

The Estate of Mimi Milka Jaksic (Berger) [2025] NSWSC 253

Court decisions serve as timely and practical reminders — both for legal practitioners and for clients — of the real-world consequences when estate planning documents are not clearly prepared, stored or communicated. As law

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Indemnity Costs in New South Wales: When Are They Awarded and Why? indemnity costs litigation Apr 02, 2025

Litigation can be an expensive and time-consuming process, and legal costs are often a key concern for parties involved in court proceedings. In most cases, the general rule is that the losing party pays the winning party’s legal costs on what is known as a party/party basis—meaning only reasonable ...

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Resolving fencing and tree disputes dividing fences act (nsw) litigation property property boundary Mar 26, 2025

Boundary disputes between neighbours are among the most common legal issues in New South Wales. Whether it’s disagreements over fence repairs, tree damage, or privacy concerns, the law provides clear guidelines on how these matters should be handled. The recent Land and Environment Court decision in...

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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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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.