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What is a Partner Worth? Resolving Disputes When Partners Retire
What is a Partner Worth? Resolving Disputes When Partners Retire In the recent case of Trident Austwide Pty Ltd v Bagcorp Pty Ltd as trustee for the Rico Tea Trust…
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What Happens to the Ashes?
Under section 109 of the Public Health Regulation 2022 the cremation authority must either: give the cremated remains to the applicant; or dispose of the cremated remains in a burial…
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When Will a Statutory Demand be Set Aside?
The Supreme Court of New South Wales recently considered a case where the plaintiff, TZI Australia Pty Limited, applied to set aside a Statutory Demand served by the defendant, Black…
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Beware the Wolf in Sheep’s Clothing - the Need to Professionally Document Business Arrangement
In the recent decision ofMay v Walker [2024] NSWSC 612 the Supreme Court of New South Wales dismissed the application of the two plaintiffs, Abby May and Dean Gibson, who…
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Focus on Safety - Changes in Family Law
As mentioned in a pervious article, the Family Law Act changed on 6 May 2024; and one of the changes is a variation in language in how the Courts are…
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Land Tax
Land tax is payable by the owner of a property when that property is not the person’s principal place of residence and the unimproved capital value of the property is…
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Reducing Land Tax
It is not unusual for a couple to purchase an investment property or holiday home jointly. If the unimproved value of the property is under $1,075,000 and if it is…
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Executor’s Commission
The role of an executor is often considered ‘a thankless task’. There is no doubt that time and effort is usually involved with the administration of an estate. The executor…
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Clear & Careful Clauses Create Clarity for Costs Consequences
In Farmer v Broadspectrum (Australia) Pty Ltd (No.3) [2024] NSWSC 53 the Supreme Court of New South Wales dismissed a motion for indemnity costs. The plaintiff, who was injured in…
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The Importance of Relationship When Considering Unfair Preferences
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 is a judgement of the High Court of Australia, which involves a dispute over voidable transactions in the context of…
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Role of an Executor
An executor is the person appointed in a Will to carry out the instructions of the willmaker and administer the estate in accordance with the terms of the Will in…
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Without Prejudice Communications - What Does it Mean?
Legal correspondence often contains the term ‘without prejudice’. The term is one of the most frequently used legal phrases, however it is often misunderstood. The term ‘without prejudice’ is most…
