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We often hear people say âIâve been putting off my will for such a long time!â But what happens if you put it off for too long and you donât have the opportunity to have your will prepared by a solicitor, or even if you write your own Will without the benefit of obtaining legal advice, in the hope t...
It can be hard when preparing a Will to determine whether or not the testator ought to leave a token legacy for those people whom they believe would otherwise make a claim on their estate. This case is an example of the possible orders a court will make where it is satisfied that the main beneficia...
- Do you have employees in your business?
- Are they expected to work outside of their set hours?
- Do you know what the law says in relation to this kind of overtime?
The Fair Work Commission has ordered an employer to pay eight weeksâ wages to an apprentice who was found to have been unfairly dis...
In a judgment handed down by the Federal Court in January 2020, Trivago, popular hotel comparison website, has been found guilty of misleading and deceiving the public as to the operation of its website. The misrepresentations have led consumers to believe they were obtaining discounts when, in real...
A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares.
The plaintiff, Fabianâs brother, Sergio, sought orders for:
- Possession of the land;
- Judgment against the defendant (Mina) for approximately $145,000 (including interest);
- Mina to sign a ...
If you are planning on selling your business, and are being assisted by a solicitor, you will inevitably be asked for business documentation and history.
We regularly meet our clients once they have already accepted an offer on the business and are needing their contract prepared. More often than n...
The key criteria to consider if you think you are entering into a Retail Lease
Retail Leases are governed by the Retail Leases Act 1994 (NSW) (âthe Actâ) and are subject to different laws and regulations to standard Commercial Leases. It is important that you correctly identify whether your lease i...
If you intend to provide monies to relatives, friends or related parties â such that the loan is not an armsâ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.
There is a risk when you are lending...
As an employer, it is important that when you hire new employees, and as their employment changes, you set out clearly â and in writing â your expectations of them, and their responsibilities. Not only will this assist in managing expectations, but it may be important to clarify each partyâs obligat...
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:Â Â Squire v Squire [2019] NSWCA 90 (30 April 2019)
The Family â In this case, the deceased had three adult children and had
...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 â for those engaged by a âsmall business employerâ, the minimum period is 12 months. For others, it is 6 months.
A small business e...
Something we get asked all the time is, âwhat do I have to do now that Iâm executor?â. 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 always realise all that goes i...
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.