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Who to appoint: the role of an Appointor
Are you the trustee of a discretionary trust or a family trust? If so, do you know who is the appointor of the trust? An appointor of a trust is…
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The Importance of Obtaining the Landlord’s Consent
It is a standard provision in most commercial and retail leases that a tenant obtain the landlord’s prior written consent before undertaking any alternation or fit-out works. It is also…
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What is a Codicil?
Do you have a complicated Will but need to make a minor amendment? A Codicil is a simple way to amend a complex Will. A Codicil and your Will will…
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Is COVID a reasonable excuse to stop time between a child and the other parent?
When the impact of COVID first hit, lots of parents with existing Family Court Orders (including interim Orders) were left wondering how the Orders could be implemented during these unusual…
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What Constitutes Unreasonable Refusal of a Landlord’s Consent?
It is standard practice that many commercial leasing provisions requiring the landlord’s consent be qualified on the basis that the landlord must not “unreasonably withhold” its consent. However, what constitutes…
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FY 20/21 - SMSF Contributions
It’s a new financial year, so it is time to understand the superannuation contributions for self-managed superannuation funds. The concessional contributions (CC) include: Compulsory employer contributionsSalary sacrifice contributionsPersonal tax deductible…
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Charitable confusion
A widow with no immediate family left a significant gift in her Will to the Shrine of Saint Anthony of Padua Capuchin Friars Minor Hawthorn - Melbourne Victoria.” Unfortunately, this was…
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Property sales - Sunset Clauses and Prior Notice
Although it is now some years old, a 2017 Supreme Court decision highlights the need for careful attention to applicable legislation and regulation when a party (in this example, a…
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A “day” means…
Today, the High Court handed down its decision in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 allowing appeal from a judgement of…
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Changes to Regulations and administrative policies reflect Social change
COVID 19 dominates headlines, but below the publicity radar the tinkering and harmonising of policies, regulations and administration to keep up with social change continues. On 28 May 2020, AUSTRAC…
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Man Buns and Dunny Lanes
In a decision handed down by the Supreme Court of NSW on 12 August 2020 (Hardy v Sidoti), a man has been successful in claiming ownership over a 3.35 square…
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Parens Patriae - The Powers of the Supreme Court
The decision of Re Ryder [2020] NSWSC895 is an illustration of the Supreme Court Parens Patriae jurisdiction. Parens patriae, (Latin for ‘parent of the state’ or ‘parent of the nation’) is a doctrine that…
