Property disputes between neighbouring landowners can often lead to complex legal battles. Such is the case with Hill v Wirepa, a dispute over access to rural land in Hastings Shire, west of Port Macquarie, New South Wales. This case revolves around allegations of trespass and misuse of property rig...

Pillinger v Lees [2024] NSWSC 1067 (23 August 2024)

The Supreme Court of New South Wales last week ruled on a family provision claim brought by a spouse against the estate of her late husband. This case, under Section 59 of the Succession Act 2006 (NSW), focused on whether sufficient provision was ...

A partnership agreement will typically contain a provision specifying what happens if a partner wishes to exit the partnership - for example, in the case of retirement. The agreement will then typically also contain a provision specifying how the outgoing partner's share in the partnership is to be ...

All legal dealings, especially when they are between friends and family members, should be documented - which will be helpful if a dispute ever arises (or even, as in this case, one of the parties dies and the family needs to understand the nature of the dealing).  The Supreme Court of New South Wal...

There is a concept called "testamentary freedom" -  a will-maker has the freedom to draft a document leaving their estate to whomever they wish. However, the document needs to be drafted so that it correctly reflects the will-maker's wishes, and when terms such as "survives me" and "it is my wish" a...

Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564

This matter concerned a lender seeking to recover the outstanding balance of a 2017 loan it made to the defendant, after the defendant made some repayments (including the net proceeds of the sale of the security property at Parramatta) but not ...

Imagine that you have just purchased your dream property, complete with a picturesque view of the harbour. Until one day, your neighbour directly in front of you decides it's time for them to expand their family, and so they build another storey on top of their house, effectively blocking your view....

An application for registration of a trade mark can be refused by Intellectual Property Australia (IP Australia) for various reasons – including the trade mark not being capable of distinguishing the applicant’s designated goods and/or services from the goods and/or services of other persons (sectio...

Yet again, the Supreme Court has dealt with the issue as to whether provision should be made from a deceased estate for a person who claims to have been the deceased's de facto partner, or some other form of "eligible person", for that person's future maintenance, education or advancement in life.

With this new financial year 2023/24 comes changes to various schemes with Revenue NSW.  So if you're a first home buyer in particular, read on - the following changes apply to contracts that are exchanged on or after 1 July 2023:

1. First Home Buyers Assistance Scheme

The FHBAS grants exemptions ...

If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, ït was "ready, willing and able" to settle.  If it wasn't, then it cannot seek a remedy against the other ...

The Supreme Court of New South Wales has just handed down its decision dealing with the competing claims of a contract and a caveat - for a residential property at Bradman Road, Menai.

ProLend Solutions No. 123 Pty Ltd v Karout [2023] NSWSC 490 (8 May 2023)

The proceedings were commenced by ProLen...