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Lessons for Café Tenants business business law commercial lease retail leases act Sep 17, 2025

Running a café in a small town can be as much about the relationship with your landlord as it is about your menu. A recent case before the NSW Civil and Administrative Tribunal—Gardener v Bright; Bright v Gardener [2025] NSWCATCD 23—serves as a stark reminder of the importance of clear agree

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What happens when a business sale falls through business business purchase business sale Sep 10, 2025

For clients buying or selling a business, especially one involving leased premises, it is critical that we consider whether the business operates from leased premises, and how that lease is to be dealt with as part of the sale.  Usually, having leased premises will require a special condition to be ...

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Family Provision Claims and Moral Duty for Adult Children deceased estate estates family provision Sep 03, 2025

The recent decision in Cotter v Tomassini highlights the complex interplay between estranged family relationships, discretionary trusts, and family provision claims brought under succession legislation. Although this matter was heard under Victorian legislation, the principles examined by the Court ...

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When a Share Sale Goes Wrong: The Costly Consequences of Failing to Honour a Business Agreement business business agreement Aug 27, 2025

The New South Wales Court of Appeal's decision in Tok v Rashazar [2025] NSWCA 94 provides significant insights into contractual obligations, the enforcement of share sale agreements, and the principles surrounding unjust enrichment. This case underscores the importance of adhering to contractual com...

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Was the personal loan enforceable - even though not signed? business loan agreements Aug 20, 2025

In personal and business relationships alike, large sums of money often change hands informally. When disputes arise, courts are frequently called upon to determine the true nature of such transactions. The recent decision in Kempe v Grine [2025] NSWDC 227 shines a spotlight on the legal complexitie...

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Why an Experienced Estate Lawyer Matters: Lessons from Perry v Perry [2021] NSWSC 1669 estate lawyer estates Aug 13, 2025

When it comes to planning your estate, many people assume that a basic will or a do-it-yourself kit will suffice. But as the Supreme Court decision in Perry v Perry [2021] NSWSC 1669 reveals, inadequate estate planning and a lack of legal guidance can lead to decades of dispute, fractured families, ...

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Pamplin v Irwin – Lessons for Business Owners from a Complex Family Dispute business deceased estate estate family trust property supreme court Aug 06, 2025

When family and business interests intersect, the consequences can be legally and financially significant. The Supreme Court Court of Appeal decision in Pamplin v Irwin [2024] NSWCA 213 illustrates how informal arrangements, unclear ownership structures, and a failure to document agreements can resu...

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Transferring employees and recognition of prior service business employee rights employment law unfair dismissal Jul 30, 2025

The Fair Work Commission’s recent decision in Hooper v Shahbod Pty Ltd [2025] FWC 1624 reinforces a vital truth in employment law: small business and probationary employment do not exempt employers from fair process. The case involved the summary dismissal of a barista during a probationary period—a...

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When Family Gifts Turn into Legal Battles: How the Presumption of Advancement and Executor Duties Played Out in Cong v Shen estates Jul 16, 2025

The Supreme Court of New South Wales' decision in Cong v Shen (No 3) [2021] NSWSC 947 addresses complex issues surrounding the administration of estates, the role of executors, and the application of equitable doctrines such as resulting trusts and the presumption of advancement. This case provides ...

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Are your workers correctly classified? business employment law independent contractor labor law Jul 09, 2025

The Federal Court of Australia's decision in Hallam v Tancred [2024] FCA 837 addresses critical issues surrounding the misclassification of employment relationships under the Fair Work Act 2009 (Cth) (FWA). This case underscores the legal consequences of inaccurately designating workers as independe...

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Lessons from Hallam v Tancred: Estate Planning and the Cost of Informality estate planning federal court legal precision Jul 02, 2025

Why Estate Planning Demands Legal Precision

When planning your estate, good intentions aren’t enough. In fact, as seen in the recent Federal Court decision in Hallam v Tancred [2024] FCA 837, informal agreements, unwritten understandings, and trust between close parties can lead to costly and prolo...

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When Mutual Wills and Caveats Collide: Lessons from Thynne v Sheringham [2023] NSWCA 181 estates mutual wills Jun 25, 2025

In the recent New South Wales Court of Appeal decision Thynne v Sheringham [2023] NSWCA 181, the Court has once again clarified the complex intersection of mutual wills, constructive trusts, and caveatable interests. This case offers valuable lessons for estate planners, beneficiaries, and practitio...

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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.