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Family Law Proceedings and ADVOs
Apprehended Violence Orders (AVOs) are made to protect a person (the victim) from a listed person (the defendant) in circumstances of violence. AVOs can be applied for privately, or by…
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Expert Opinion Evidence in Damages Claims
The Supreme Court of NSW decision of Menz v Wagga Wagga Show Society Inc (No. 1) [2018] NSWSC1446 emphasised that the admissibility of expert opinion evidence depends on whether or not it falls…
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Should you provide an Indemnity?
Indemnity clauses are frequently included in contracts, whether they are simple contracts or complex commercial contracts. However, simply because indemnity clauses are common, their importance should not be understated. Indemnity…
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Obtaining a Stay of Judgement, pending Appeal
As most readers would know, many trial decisions can be appealed if the unsuccessful party believes the judge made an error. Less widely known is that lodging an appeal does…
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Heritage Approval & When It Is Required
Most readers will know that a number of older, or historically significant buildings, are ‘listed’ by the State Heritage Council; and the consent of the Council is required for any…
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Your Facebook, Your Responsibility
A recent decision of the Supreme Court of New South Wales[1], has found that media companies could be liable for defamatory comments made by readers, concerning news stories posted on…
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Blended Families and Self-Managed Superannuation Funds
A Self -Managed Superannuation Fund must comply with the law or risk significant tax consequences. Section 17A (3) Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) provides that a legal personal representative…
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Inherited Shares……. Keep or Sell?
It is not unusual for the assets in an estate to include shares in companies listed on the Australian Stock Exchange. If those shares were purchased by the deceased after…
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More Reforms for Off-the-Plan Sales
An off-the-plan contract is used to sell property that does not yet exist. It is a popular way for buyers to enter the property market as they can commit to…
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UPDATE - Priority of Trust Assets in Liquidation
In May of this year I wrote an article about a possible statutory gap for trust creditors and noting that High Court determination was required to provide clarity in relation…
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Statutory tort of family violence
Continuing our series looking at the recommendations of the Australian Law Reform Commission’s review into the Family Law System today I am looking at one of the family violence focused…
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Is an Oral Contract for Sale of Land Enforceable?
There is a general statutory requirement that for a contract for sale of land to be enforceable, it must be in writing and signed by the parties (section 54 of…
