Property purchasers and especially real estate agents should take note of a Supreme Court decision handed down last week in relation to representations made regarding a property’s right of way (aka “easement for carriageway”), and whether the property owners had the right to park on the right of way...

A recent Supreme Court decision (Cole v Lee [2017] NSWSC 1011) has highlighted the importance of having a Partnership Agreement and following the provisions of said Agreement when looking to terminate or retire from the partnership.

Background to the matter

The plaintiff (Ms Cole) operated a pharm...

What are outgoings?

Outgoings are expenses incurred by the landlord arising out of its ownership of the premises.

Typical outgoings include:

• Taxes fees and charges – e.g. Council rates, water rates, land tax
• Day to day costs – e.g. cleaning, garbage collection
• Maintenance and repair services
...

We have spoken before about phoenix activity and government attempts in the past to crackdown on the illegal activity:

• New scheme to prevent subcontractor rip-offs
• Alleged misrepresentations and unconscionability in the training industry

The Federal Government is now calling for submissions f...

The recent case of Ryan v Dalton highlights the role of testamentary capacity when making a will.  The case emphasised that there is a burden on the proponent of the will to demonstrate to the court that the last will created was made by a “free and capable” testator.

Background facts

Francis Jame...

Workplace bullying takes place if:

• a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening; and
• the behaviour creates a risk to health and safety.

Whether or not such behaviour is unreasonab...

PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client?

To name just a few:

• Less room for error - There is less chance of issues arising at settlement causing delays,
...

An enduring power of attorney is a powerful document.

In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:

"First, is it to my benefit and in my interests to allow another ...

On 10 August 2017, the Supreme Court yet again made an order in favour of an adult child who claimed for a larger share of their deceased parent's estate, under the family provision laws: Towson v Francis [2017] NSWSC 1034

The family

The person making the claim was one of 3 adult children whose mo...

It is not uncommon these days for couples to travel overseas to get married in an exotic location like Thailand or Hawaii or Bali (or even Las Vegas with an Elvis celebrant!), but care must be taken if a second ceremony takes place back home in Australia, mainly for the benefit of those loved ones w...

The New South Wales Government introduced legislation last year bringing into effect surcharges on stamp duty and land tax, to be payable on residential property purchased or owned by anyone falling within the definition of a “foreign person”.

Who is a Foreign Person?

Section 4 of the Foreign Acqu...

No doubt you have heard about parties to court proceedings claiming “privilege” over certain documents. You may have also seen correspondence from a lawyer labelled “Subject to client legal privilege” or “Subject to legal professional privilege”.

But what does it mean?  Privilege is the right to cl...