|
Purchaser loses deposit to email fraud
A recent decision of the NSW Supreme involving the hacking of a real estate agents email, serves as a timely reminder of the need to remain vigilante against cyber fraud…
|
Delinquent Tenants and Claims for Relief against Forfeiture
A landlord would be forgiven for believing that it has an absolute right to terminate a commercial tenancy without repercussion in circumstances where the tenant has failed to attend to…
|
Increase in penalties for breach of SMSF Trustee Obligations
SMSFs account for 99.7% of all super funds in Australia and collectively hold 26% of the $2.9 trillion in super assets under management. There are 1.125 million Australians in nearly…
|
Tutors in Family Provision
There was a rather sobering outcome for a Tutor in a family provision claim of Harris v Carter [2020] NSWSC 196 who was ordered to pay costs when the Plaintiff, a minor, lost…
|
Did COVID-19 diminish the value of assets?
In the matter of Pericles and Hopman (9 June 2020) the husband sought to re-open his case to adduce fresh evidence - purportedly to support the argument that the Australian economy is experiencing…
|
Undue Influence
It is important to have a Will which reflects the Willmaker’s wishes. The law says that a person is entitled to leave his or her assets to whomever he or…
|
Court is not always the answer - consider your options: Arbitration
There is a lot of media coverage on the current strain being placed on the family law court system. Families are waiting for 2 to 3 years to have a…
|
Pets & Strata Title - Will the Government Decide?
In an unexpected development, on 25 August the NSW Legislative Council (Upper House) passed an amendment during a debate on strata laws which would prevent strata schemes from passing by-laws…
|
Testamentary Capacity
Life expectancy is increasing. However, it does not follow that simply because the person is living that he or she has the mental capacity to make a Will. The decision…
|
Relationship breakdown and your farm
Many people who live and work on farming properties will have received the title to their farm through an intergenerational transfer of land from their parents, grandparents or other relative…
|
Willing but not able?
A will-maker must have legal capacity to make a Will. Much of the legal test is easy to apply but the difficult part of the test is to judge whether…
|
Court is not always the answer - consider your options: Mediation
There is a lot of media coverage on the current strain being placed on the family law court system. Families are waiting for 2 to 3 years to have a…
