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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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Personal Guarantees, Unconscionability, and Complex Property Deals business business agreements due diligence Jun 18, 2025

Complex property transactions often involve layered agreements, evolving negotiations, and personal guarantees that expose directors and their spouses to significant personal liability. The Queensland Supreme Court's decision in Symx Land Developments Pty Ltd v Pugh [2025] QSC 137 provides important...

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When a property deal falls over - risks for purchasers conveyancing property purchasing property supreme court Jun 11, 2025

In a recent Supreme Court of New South Wales decision, STM123 No. 16 Pty Ltd v Wang [2025] NSWSC 444, the Court considered the financial consequences of a purchaser’s failure to complete an off-the-plan luxury apartment purchase. With a purchase price of $16.5 million, the case illustrates the serio...

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Yin v Maalouf [2025] NSWSC 450 – Sham Share Transfers, ASIC Filings, and Misrepresentation in Corporate Disputes business May 28, 2025

In a recent decision handed down by the New South Wales Supreme Court, Yin v Maalouf [2025] NSWSC 450, Justice Peden dealt with a complex corporate dispute involving an allegedly sham Share Purchase Agreement, misleading conduct, and the improper use of ASIC filings to alter directorship and shareho...

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Acting promptly in debt recovery business debt recovery default judgment litigation supreme court May 21, 2025

Debt recovery is a critical process for both creditors and debtors. When a creditor secures a default judgment and seeks to enforce it—particularly through a writ of execution over a debtor’s property—time is of the essence. Delays in responding to legal proceedings can severely limit a debtor’s abi...

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Understanding the importance of Section 100 statements in family provision claims deceased estate estate family provision May 14, 2025

Section 100 of the Succession Act 2006 (NSW) plays a pivotal role in family provision proceedings by allowing certain statements made by a deceased person to be admitted as evidence. This provision enables the court to consider the deceased's intentions and reasons for their testamentary disposition...

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Navigating the 2025 Franchising Code of Conduct Reforms: What Small Businesses Need to Know accc business franchises franchising code of conduct franchisor obligations May 07, 2025

The Australian franchising landscape is undergoing a significant transformation with the introduction of the new Franchising Code of Conduct, effective from 1 April 2025. These reforms aim to enhance fairness, transparency, and accountability within the franchising sector, impacting both franchisors...

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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.