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Legal Professional Privilege- Sword or Shield?
There have been some recent comments by the High Court of Australia in relation to legal professional privilege. In August 2019 the High Court handed down the decision in Glencore International…
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Procedural Fairness - the opportunity to be heard
“Procedural fairness” or “natural justice” are terms commonly bandied around. The NSW Court of Appeal recently had to consider whether, as a matter of practical application, a litigant had been…
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Tax implications of family law property division - part 2
Today we are continuing on with our look at the tax implications of property division. Last time I looked at one of the more commonly thought of ones: capital gains…
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Firearms in Deceased’s Assets
It happens sometimes that a firearm is included in the assets of a deceased person. The firearm maybe registered or it may be unregistered. The Firearms Act 1996 (“the Act”) allows an…
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Service of Court Documents by Social Media
Service of Court Documents by Social Media Court documents are often required by the court rules to be personally served on a party to the proceedings. For example, an originating…
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A template for splitting superannuation- what a super idea!
In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”. Recommendation 17 is that the Family Law Act should be amended to simplify…
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When can the Guardian perform his or her role?
The Guardianship Act NSW 1987 (‘the Act”) allows a person over the age of 18 years (“the appointor”) to appoint another person to be his or her guardian. The appointment must…
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PRE-NUP’S FOR PETS
With the number of ‘fur-babies’ on the rise, the question of what happens to Fido in the case of a relationship breakdown is a common one. Many ‘fur-parents’ are devastated…
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Relief Against Forfeiture of Lease
The recent case of Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462 has helpfully outlined the factors and general principles a Court will consider in assessing whether…
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Emojis in Legal Proceedings
Emojis are regularly used in texts, emails and messaging. These little digital pictures have also made an entrance into the legal world. As people are increasingly communicating by text message…
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Mullane Lindsay - Taking the Lead
We are proud to announce that Mullane Lindsay has been named in the 2020 Doyles Guide of Leading Family Law firms as a leading Newcastle, Hunter Valley & Central Coast Family &…
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The Civic Obligation to Vote - When is it Permissible Not to Vote?
The Supreme Court recently considered a relatively rare appeal relating to the prosecution of an elector for failing to vote in local government elections. Most of us, at one time…
