Blog
We have spoken before about phoenix activity and government attempts in the past to crackdown on the illegal activity:
- New scheme to prevent subcontractor rip-offs
- Alleged misrepresentations and unconscionability in the training industry
The Federal Government is now calling for submissions for...
The recent case of Ryan v Dalton highlights the role of testamentary capacity when making a will. The case emphasised that there is a burden on the proponent of the will to demonstrate to the court that the last will created was made by a “free and capable” testator.
...
PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client?
To name just a few:
- Less room for error - There is less chance of issues arising at settlement causing...
Workplace bullying takes place if:
- a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening; and
- the behaviour creates a risk to health and safety.
Whether or not such behaviour is...
An enduring power of attorney is a powerful document.
In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:
"First, is it to my benefit and in my interests to...
On 10 August 2017, the Supreme Court yet again made an order in favour of an adult child who claimed for a larger share of their deceased parent's estate, under the family provision laws: Towson v Francis [2017] NSWSC 1034
The family
The person making the claim was one of 3 adult...
It is not uncommon these days for couples to travel overseas to get married in an exotic location like Thailand or Hawaii or Bali (or even Las Vegas with an Elvis celebrant!), but care must be taken if a second ceremony takes place back home in Australia, mainly for the benefit of those loved...
The New South Wales Government introduced legislation last year bringing into effect surcharges on stamp duty and land tax, to be payable on residential property purchased or owned by anyone falling within the definition of a “foreign person”.
Who is a Foreign Person?
No doubt you have heard about parties to court proceedings claiming “privilege” over certain documents. You may have also seen correspondence from a lawyer labelled “Subject to client legal privilege” or “Subject to legal professional privilege”.
But what does...
It is not uncommon that the most significant asset of a Deceased’s Estate is their home. It is also not uncommon that there are a number of beneficiaries entitled to a share of the Estate, which will of course require the Deceased’s home to be sold and the proceeds of the sale...
Commercial leases typically are for a fixed initial term of, say, 3 or 5 years, with an “option to renew” period of a further 3 or 5 years. The lease document will note the specific dates within which you must exercise your option to renew the lease. Usually the date range...
Clients often ask us who is entitled to see a copy of a Will (and obtain a copy of the Will) once the testator has passed away.
The answer can be found in section 54 of the Succession Act 2006 (NSW), which provides a list of categories of persons entitled to inspect the Will:
- anyone named...
