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 approx...

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 ran ...

Restraints of Trade, often included in contracts of employment, are a valuable tool for employers to ensure that their commercial and competitive interests are preserved after the employee/employer relationship ends. However, it is important if you intend to include a restraint, that it be enforceab...

The Supreme Court made orders in 2017 regarding the winding up of a partnership that operated a real estate agency.  The two former partners agreed upon the existence and duration of their partnership, and upon a need for partnership accounts to be taken under the supervision of the Court, but they ...

As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations.  As authorised witnesses, we must ensure that we comply with the witnessing requirements as set out in the Oaths Act for a number of reasons, otherwise we risk being ...

The first steps often taken by business owners in establishing their business are:

• to obtain an Australian Business Number (‘ABN’) and
• to register their business name through the Australian Securities & Investments Commission (‘ASIC’).

Under the Business Names Registration Act 2011 (Cth) (‘th...

If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of kin.

The Supreme Court decision of Dragarski v Dunn [2019] NSWSC 300 dealt with a deceased who had died int...

CASE UPDATE: The Supreme Court of New South Wales has recently handed down a decision (Stone v Stone [2019] NSWSC 233) stressing the need for participants to Family Provision proceedings to make full and frank financial disclosure to the Court, and to the other parties. This means complete disclosur...

Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law may still be effective even if the proper procedure was not followed.

The validity of a by-law was...

Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the packing begins before you move out on settlement.

You could be forgiven for thinking that there is no lo...

You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss.

Whilst the photographer’s fee for the day was $2,700, the disappointed bride and groom refused to pay the re...

If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the Supreme Court regarding the exercise of any function.  Once that advice is received, then you cannot be h...