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A Camel: A Horse Designed by a Committee?
In March 2017, a Committee of the Australian Parliament was directed to inquire into how Australia’s Federal Family Law System can better support and protect people affected by family violence.…
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Court encourages parents to maintain control
Under the Family Law Act before parents seek orders from the Court, they generally need to first obtain a certificate (known as a Section 60I Certificate) confirming that they have attempted Family Dispute Resolution (“FDR”). …
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Words - choose what you mean
In blended family situations lawyers are often asked to draft a Will which gives the “new partner” the right to reside in the house for life. Often the widowed partner…
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Devil in the detail - What does your rent review clause say?
It is common for a commercial or retail lease to provide for a market rent review to occur, particularly on exercise of an option to renew. Usually the parties will…
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Recording of Court Judgements on Personal Credit Files
There are a number of credit reporting agencies which provide fee based credit reporting services to consumers. The agencies including Equifax, CheckYourCredit and Experian Credit Report are services often used…
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Changes to cross-examination in matters of family violence
New provisions will commence in the Family Court and Federal Circuit Court on 10 September 2019 in an effort to provide protections to the victims of family violence. The Family Law…
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Time to move on? A new test for knowledge and approval
Justice Leeming has commented that whilst Australia is relying upon nineteenth century English decisions, England has in fact moved on and it might be preferable for NSW law to do…
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Mandatory mediation for all family law matters
At the moment it is a requirement, except in limited circumstances, for parties in dispute about parenting matters to try mediation before they can commence Court proceedings. The Australia Law…
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Reporting Matters of Legitimate Public Interest - The William Tyrrell Case
William Tyrrell disappeared on 12 September 2014, then aged 3 years of age. A coronial inquest into his disappearance is currently before the NSW Coroner’s Court. William Tyrrell’s disappearance is…
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NCAT Nullifies Noisy Neighbour
In the recent decision of Terry v Drummond [2019], NCAT ordered that a noisy neighbour in a strata building needed to fit extra floor coverings and limit the use of power tools…
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The Value of Keeping Wills safe
A woman died unexpectedly in a car accident. A month before the accident she had handwritten a new Will. She told her girlfriends that, having separated from her husband she…
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Paying the price for misrepresentations by others - principals and agents
The NSW Court of Appeal recently considered the “fallout” from a dishonest representation by an agent. Very briefly, Mr P sold a house at Seaforth to Mrs C for $8.55M. …
