|
Making a Will - beware the assets test
A couple who receive the aged pension and own their own home can have combined assets of up to $380,500.00 without their pensions being affected. If they have combined assets…
|
When is a Will a Will?
Section 8 of the Succession Actprovides that a document (or part of a document) that “purports to state the testamentary intentions of a deceased person and has not been executed…
|
When Customary Law meets Succession Law
In Re Estate Jerrard, deceased [2018] NSWSC 781 an indigenous young man died in a motor accident without a Will and with no spouse or children. Superannuation death benefits were payable into…
|
Charity does not always begin at home
Lever v Attorney General of NSW [2018] NSWSC 838 A Will-maker left a gift of approximately $4.5m to her nephew and his wife to create a trust to “benefit women…
|
Things to tell your Family Law lawyer in the first consultation
I understand that no one likes to air their dirty laundry to a lawyer they have just met. But, in the context of Family Law there are three important things…
|
Your Guide to Family and Domestic Violence Leave
The Fair Work Commission (“FWC”) has recently recognised the impact of family and domestic violence (“FDV”) on employees and employers in the work place. The FWC noted in its Four…
|
Insurance non-disclosure - The Importance of what an Insurer knows
In 2017, the Supreme Court considered a dispute about whether an insurer had to pay out a claim in circumstances where it alleged its insured had failed to disclose relevant…
|
Controversial changes in the air - Restructure of Federal Circuit Court and Family Court
In the week that Australia was changing prime ministers, significant changes were being introduced for consideration in relation to the proposed restructure of the Family Court of Australia (FCA) and the Federal Circuit…
|
Unregistered Lease interest and the sale of a property
When an owner sells a property that is subject to existing tenancies, it is always preferable to have the relevant leases to the tenants registered on title. This ensures that…
|
What Is the Value of a Lost Opportunity?
When is a ‘lost opportunity‘ really lost? And, when it is, what’s it worth?These were the questions considered by the NSW Court of Appeal in the recent decision Mal Owen Consulting…
|
Can an employer discriminate based on criminal record?
A recent case in the Australian Human Rights Commission (“AHRC”), BE v Suncorp Group Ltd [2018] AusHRC 121, has looked at the issue of discrimination against a prospective employee due to their criminal record.…
|
Contested Will… when a claim can be made
Section 58 of the Succession Act 2006provides that an application to contest the Will of a deceased person must be made no later than 12 months after the date of…
