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Alexakis v Wan [2021] NSWCA 172: Clarifying Payment Deadlines in Property Contracts contract law property property law purchasing property Oct 23, 2024

In Alexakis v Wan [2021] NSWCA 172, the New South Wales Court of Appeal examined the importance of strict adherence to payment deadlines in property contracts and the consequences of failing to meet essential time requirements. The case involved the sale of a residential property in Sydney, and the ...

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But you promised me the farm?!? Promissory estoppel and the alternate family provision claim deceased estate estates family provision promissory estoppel supreme court Oct 16, 2024

Hildebrandt v Papakonstantinou [2024] NSWSC 1181 (19 September 2024)

 In a recent case decided by the New South Wales Supreme Court, the plaintiffs sought relief based on the doctrine of proprietary estoppel and, alternatively, a family provision order in relation to a rural property owned by their...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the busine...

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Dispute over Property Access and Trespass: Hill v Wirepa - A Case Study conveyancing act easements property property law tresspass Oct 02, 2024

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...

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Additional estate provision for spouse - from the children's shares deceased estate estate estates family provision supreme court Sep 03, 2024

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 ...

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Trouble was a-brewing for a tea industry partnership business business law partnership agreements supreme court May 29, 2024

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 ...

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Navigating legal battles when co-ownership goes undocumented co-ownership deceased estate estate property supreme court trusts May 08, 2024

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...

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The complexity of interpreting Wills and the case of the unborn nephew beneficiaries deceased estate estate planning estates supreme court Apr 30, 2024

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...

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Can you be bound by a written agreement even if you claim you didn’t sign it, and the signature on it is a forgery? estoppel loan agreements mortgage property Jan 17, 2024

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 ...

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Can you protect your view? easements neighbours nuisance property supreme court Oct 04, 2023

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....

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Is a wine bin number inherently able to distinguish it as a trade mark? business business law business lawyer ip australia trade marks Sep 17, 2023

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...

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When an Estate is left to adult children but not the deceased's spouse deceased estate family provision succession act supreme court Sep 13, 2023

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.

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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.