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Is your fireplace approved?
Section 68(1) of the Local Government Act 1993 provides that a person may only install a domestic oil or solid fuel heating appliance (other than a portable appliance) with the prior…
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Why “he said so” is not enough
Families do not usually make sure that promises are recorded in writing or documents evidencing transactions are kept. Failing to ask the “what if” questions (which lawyers are trained to…
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What’s in a name?
Ashleigh John recently wrote about one of the recommendations from the Australian Law Reform Commission’s review into family law that suggested that the Family Law Act (section 60CC) should be ‘slimmed down’. Today…
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To Caveat or not to Caveat
It is common for a loan agreement to grant the lender an equitable charge or mortgage over the borrower’s property as security for the loan, particularly where the loan is…
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Sliding Doors; the Impact of Section 5D(3)
On 17 June 2019, the Supreme Court of New South Wales handed down the decision of PPK Willoughby Pty Ltd v Baird [2019] NSWSC 705 about whether evidence should be excluded from the plaintiff’s…
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Slimming it Down
Carrying on from recent articles published by the Mullane Lindsay Family & Relationships Law team on the recent recommendations arising from the ALRC’s Family Law Review, we now consider recommendation…
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What is the difference between an Agreement and a Deed?
The concepts of Deeds and Agreements are often incorrectly used interchangeably. From a legal perspective, the two (2) concepts are different and are used in different circumstances. The significant differences…
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Is interest applied to the superannuation amount split to an ex-partner?
Superannuation assets increased 6.7% in aggregate in the year following March 2018 and were $2,782.6 billion at 31 March 2018. When relationships breakdown, a couple’s superannuation entitlements form part of…
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Helping you navigate between the Courts
The recent Australian Law Reform Commission’s (the ALRC) Inquiry into the Family Law system focused on finding the best way to resolve disputes following the breakdown of intimate relationships. One key issue…
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Have we signed yet… when does a lease become binding? Part 2
We recently reported on the case of Realm Resources Pty Ltd v Aurora Place Investments Pty Ltd [2019] which held that a sublessee was immediately bound after signing and returning the sublease…
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The Australian Privacy Principles at Work
In a recent case, Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the Full Bench of the Fair Work Commission (“FWC”) held that an employee was unfairly dismissed for refusing…
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Taking steps to keep the family together
After the death of a loved one, family members often quarrel over a deceased’s possessions. Jewellery is frequently fought over. Unfortunately, the legal costs of taking such disputes to Court…
