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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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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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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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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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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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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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Treating your Children equally after death
Most parents like to treat their children equally both before and after death. However, care must be taken when the Will is made if it is intended to give specific…
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No Will in the World
What happens if a person lacks legal capacity to make a Will? The Supreme Court may make a “statutory Will” for the person. In Re The Will of Alexa [2020] NSWSC 560 Justice…
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Child Support Agreements - Generally
When relationships break down and parents separate, financial support for children is generally determined by an administrative assessment of child support by the Child Support Branch of the Department of…
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Can you withdraw consent to arbitrate?
With the pressure on the family court system - both before the impact of Covid-19 and after - the Courts are continuing to press for the use of alternative dispute…
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Forcing the Sale of a Property
It is not unusual for a group of people (whether it be two or more) to form a syndicate for the purposes of purchasing a property as an investment. Usually…
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Pets & Strata Title - The Battle Continues
We recently reported on a decision of the NSW Civil & Administrative Tribunal (NCAT) which held that a by-law imposing a blanket ban on pet ownership was invalid under the Strata Schemes Management…
