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The Onus of Proof and Traps in Evidence
The NSW Court of Appeal recently considered the issue of who was responsible for a motor collision. On the particular facts, that rested entirely on which of the two drivers…
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Breaking the deadlock, appointing an independent Administrator
In a recent case, a mother had appointed her 3 sons as executors. She probably thought since she had 3 sons this was the best approach. After she died, one…
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Complexities with Will Making - Suspicious Circumstances
The NSW Court of Appeal recently upheld an appeal relating to a disputed Will. In broad overview the case was not dissimilar to many others. The deceased had made two…
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Equal or Equitable?
In April 2019, the Australian Law Reform Commission released its final report: “Family Law for the Future”. Recommendation 12 is that the Family Law Act should be amended to include…
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Managing Employees when Purchasing a New Business
An important consideration when purchasing a business is whether to continue to employ the business’ existing staff. There may be many benefits to the new owner of a business by…
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URGENT WARNING: DO YOU HAVE A DISCRETIONARY TRUST IN NSW OWNING RESIDENTIAL REAL ESTATE?
Background NSW law requires that when foreigners acquire residential real estate or own residential real estate they pay additional stamp duty on acquisition of the real estate and pay land…
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The Civic Obligation to Vote - When is it Permissible Not to Vote?
The Supreme Court recently considered a relatively rare appeal relating to the prosecution of an elector for failing to vote in local government elections. Most of us, at one time…
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Mullane Lindsay - Taking the Lead
We are proud to announce that Mullane Lindsay has been named in the 2020 Doyles Guide of Leading Family Law firms as a leading Newcastle, Hunter Valley & Central Coast Family &…
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Emojis in Legal Proceedings
Emojis are regularly used in texts, emails and messaging. These little digital pictures have also made an entrance into the legal world. As people are increasingly communicating by text message…
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Relief Against Forfeiture of Lease
The recent case of Dee Vine Group Pty Ltd v Palais Reception Centre Pty Ltd [2019] NSWSC 1462 has helpfully outlined the factors and general principles a Court will consider in assessing whether…
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PRE-NUP’S FOR PETS
With the number of ‘fur-babies’ on the rise, the question of what happens to Fido in the case of a relationship breakdown is a common one. Many ‘fur-parents’ are devastated…
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When can the Guardian perform his or her role?
The Guardianship Act NSW 1987 (‘the Act”) allows a person over the age of 18 years (“the appointor”) to appoint another person to be his or her guardian. The appointment must…
