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Unsure if you have Testamentary Capacity?
Banks v Goodfellow (1870) LR 5 QB 549 is the leading case for establishing the test of testamentary capacity. The test is based on the four questions: · Does the willmaker understand…
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Sexual Harassment in Australia’s Highest Court
The Chief Justice of the High Court of Australia, the Honourable Susan Kiefel AC recently issued a statement in relation to the media reports in respect of a former High…
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Buying or bought a property with someone?
Have you bought a property with someone or thinking about buying a property with someone as an investment? Buying a property can be a very stressful but exciting time, particularly…
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Commercial & Retail Leasing Code UPDATE:
The NSW Government has made amendments to the Retail and Other Commercial Leases (COVID-19) Amendment Regulation 2020 (NSW).The most notable amendment was that an “impacted lessee” must now provide the landlord with:…
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A Crisp opportunity
As our population ages it is increasingly obvious that life estates are not an attractive option in blended family situations where, for example, a widow, who is a second wife…
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The Last Word on Hiring Replacement Vehicles?
If you have an income producing vehicle (say, a delivery truck) that is damaged in a motor accident, it has long been accepted that the cost of hiring a replacement…
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High Court of Australia: Diversity of views
Since 2003, Professor Andrew Lynch of the University of New South Wales has conducted annual research into the decisions of the High Court of Australia, including the rate at which…
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When Crime Doesn’t Pay - The high price of getting injured during the course of a criminal offence
The NSW Court of Appeal recently delivered a decision in SW v Khaja [2020] NSWCA 128 in relation to a claim by SW for damages. In November 2015 the plaintiff (SW) celebrated her…
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Testamentary Capacity - Challenging the Will
Mr Ryan’s children contested the 2013 Will, claiming that by the time that Will was made, their father lacked testamentary capacity due to vascular dementia, which caused lapses in his…
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Last minute leads to disappointment
It is bound to be difficult to make a valid Will in hospital when the will-maker is dying. The lesson from a recent Queensland case is “don’t leave things to…
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Nobody’s dilemma
The Court requires proof of death before allowing a person to manage their assets. In a recent case, of Estate of Lyn Burtonwood [2020] NSWSC 715 tragically a man went swimming in the…
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Be careful about language when drafting subpoenas
Subpoenas to produce documents are commonplace in litigation of all kinds. They are a means by which a litigant can require non-parties to the dispute, to produce documents or other…
