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When a property deal falls over - risks for purchasers conveyancing property purchasing property supreme court Jun 11, 2025

In a recent Supreme Court of New South Wales decision, STM123 No. 16 Pty Ltd v Wang [2025] NSWSC 444, the Court considered the financial consequences of a purchaser’s failure to complete an off-the-plan luxury apartment purchase. With a purchase price of $16.5 million, the case illustrates the serio...

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Acting promptly in debt recovery business debt recovery default judgment litigation supreme court May 21, 2025

Debt recovery is a critical process for both creditors and debtors. When a creditor secures a default judgment and seeks to enforce it—particularly through a writ of execution over a debtor’s property—time is of the essence. Delays in responding to legal proceedings can severely limit a debtor’s abi...

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The case of the missing will and unwitnessed codicil deceased estate estates informal wills succession act supreme court Apr 09, 2025

The Estate of Mimi Milka Jaksic (Berger) [2025] NSWSC 253

Court decisions serve as timely and practical reminders — both for legal practitioners and for clients — of the real-world consequences when estate planning documents are not clearly prepared, stored or communicated. As law

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Estate Disputes & Possession: Theocharous v Theocharous [2025] NSWSC 45 beneficiaries deceased estate estates supreme court Mar 19, 2025

Losing a loved one is never easy, and legal disputes over their estate can add further stress for grieving families. Tensions often arise when a family member has been living in the deceased’s home for many years and expects to remain there, even if the will does not explicitly gra...

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Undue influence by a beneficiary - implications for the subsequent family provision claim deceased estate estates family provision supreme court Jan 22, 2025

In New South Wales, an "eligible person" making a claim on a deceased estate needs to establish that inadequate provision was made by the deceased for the claimant's "proper maintenance, education or advancement in life" (section 59 of the Succession Act).  If the claimant has already been provided ...

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Instructing an expert in an estate challenge - lessons from the Green case capacity deceased estate estate estate planning supreme court Nov 20, 2024

Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal pr...

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Lessons to be learned from this family business dispute business family business heads of agreement supreme court Nov 06, 2024

A family dispute concerning the ownership and control of Kennedy Watches & Jewellery Pty Ltd ("the Business"), a well-known distributor of luxury watches with franchise agreements with prestigious brands like Rolex, Patek Phillippe, and Omega, was dealt with in the Supreme Court of New South Wales i...

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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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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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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.