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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Understanding the Upcoming Changes to Casual Conversion Laws: A Guide for Small Business Owners
Feb 26, 2025
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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...
Undue influence by a beneficiary - implications for the subsequent family provision claim
Jan 22, 2025
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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 ...
Why a corporate power of attorney is so important
Jan 15, 2025
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In the realm of business law, a corporate power of attorney (POA) is an invaluable legal instrument for corporations operating in New South Wales (NSW) and across Australia. It authorises a designated person or entity to act on behalf of the corporation in specific legal, financial, or operational m...
Understanding Mortgagee Responsibilities and Mortgagor Rights in Power of Sale Transactions
Jan 08, 2025
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When a mortgagee exercises the power of sale over a mortgaged property in New South Wales, they are bound by specific legal obligations to ensure fairness and transparency. Section 111A of the Conveyancing Act 1919 (NSW) codifies these duties, emphasising the mortgagee's responsibility to secure an ...
De Facto Directors: Hidden Responsibilities and Legal Risks Under Australian Law
Dec 12, 2024
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In the complex world of corporate governance, not all directors sit formally at the boardroom table. Some individuals may be exercising director-level influence without realizing they carry the same legal obligations as appointed directors. These are known as de facto directors, and understanding th...
Expanded protections under the Retail Leases Act - understanding the impact on rent review clauses
Dec 04, 2024
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Retail leasing in New South Wales underwent significant changes in January 2023, following amendments to the Retail Leases Act 1994 (NSW)Â . These changes, introduced through the Retail Leases Regulation 2022, aimed to modernise the retail leasing landscape and address gaps in tenant protections. For...
When a Business Succession Agreement is not enough to deal with the death of a business partner
Nov 29, 2024
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Iron Horse Machines Pty Ltd v Olmate Holdings Pty Ltd [2024] WASC 383
The dispute between Iron Horse Machines Pty Ltd and Olmate Holdings Pty Ltd arises from the breakdown of a long-standing business partnership between two long-time friends, Mr James Cross and the late Mr Darren Verwijmeren. The t...
Instructing an expert in an estate challenge - lessons from the Green case
Nov 20, 2024
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Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal pr...
Legal Issues Arising from Powers of Attorney: Key Case Insights
Nov 13, 2024
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Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog explor...
Lessons to be learned from this family business dispute
Nov 06, 2024
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AÂ family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New South Wales i...
Key Issues Commercial Landlords Must Address: Mould, Water Ingress, and Tenant Rights
Oct 30, 2024
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Commercial landlords face a variety of challenges when maintaining their properties. One of the most significant and recurring issues is the presence of mould and water ingress, which can cause health risks and property damage. These issues are especially pertinent in flood-affected areas, where moi...
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.