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In a judgment handed down on 30 April 2019, the Court of Appeal has allowed an appeal by the adult children of a deceased man for further provision from his Estate.
The Case: Squire v Squire [2019] NSWCA 90 (30 April 2019)
The Family – In this case, the deceased had three...
In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small business employer”, the minimum period is 12 months. For others, it is 6...
Something we get asked all the time is, “what do I have to do now that I’m executor?”. Whilst people generally realise they need to attend to estate tasks like arranging funerals, applying for probate and generally administering the Estate of the deceased, they do not...
A Heads of Agreement (also known as a Memorandum of Understanding (MOU) or Letter of Intent (LOI)) is a document outlining the proposed agreement between the parties to it. There are a number of commercial situations where a Heads of Agreement will be commonly prepared between the parties –...
New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence.
These impose further disclosure requirements on vendors selling off the plan properties and...
As of June 2019 the Australian Consumer Law (‘ACL’) has additional requirements for those businesses who provide a Warranty Against Defects for services (‘WAD’) in the provision of either:
- Services; or
- Goods with services.
What is a...
Can a bikini-style name infringe a trademark? This is an issue which the Federal Court of Australia addressed in a 2019 decision involving Pinnacle Runway.
The parties
- Pinnacle Runway Pty Ltd (“Pinnacle”) designs, manufactures, supplies and sells women’s clothing in Australia...
Choosing who you want to administer your Will once you have passed is an important decision. Whoever you choose will be responsible for managing your estate and all the assets and liabilities contained therein. The role of executor is that of a fiduciary (i.e. a position of trust),...
Just because you’ve always done it doesn’t mean you’re actually allowed to.
When talking property, you would think that ownership and the right to access land would be clear cut, but quite often that’s not the case.
Who owns the laneway that cuts between your house and the...
The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The Court’s decision can be read here.
Registering the trademark – by both...
The difficulties associated with a partly oral and partly written contract were considered by the Supreme Court in an April 2019 decision involving the Fields Group, a security company based on the Central Coast with approximately 120 security guards, and the much larger Wilson Security, with...
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing use exists.
The matter of Rawson v Studholme [2018] NSWSC 1764 dealt with a right of way that...
