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Options for Sale of a Jointly Owned Property
If more than one person or entity owns property in NSW, the ownership options are joint tenancy or tenancy in common. If the owners of the property are joint tenants,…
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Three Major Benefits of Mediation in Civil Disputes
Mediation is encouraged in civil disputes as an effective alternative to litigation. Three major benefits to mediation are: Certainty of Outcome All litigation has risk. Mediation is an opportunity where…
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Removing an Executor - a Recent Case Study
In the Victorian Supreme Court case of Jortikka v Haukka [2023] VSC 20, Ms Haukka was appointed co-executor with her sister for their late mother’s estate. The finalisation of the…
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Executor Fraud - What is it?
An executor is the person appointed in a Will to carry out the instructions of that Will and administer the estate in accordance with the terms of the Will in…
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Stepchildren & Claims on a Deceased Estate
Plummer & Anor v Montgomery is a judgement of the Supreme Court of New South Wales in a family provision case, where two stepchildren of the deceased sought an order…
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Promises that Bind - Court of Appeal Affirms that Promises Created an Interest in Property
A. SynopsisOn 8 August 2024, the NSW Court of Appeal upheld the initial decision in Slade v Brose [2024] NSWCA 197. The case of Slade v Brose involved a dispute…
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Marriage and Estate Planning
Section 12(1) of the Succession Act 2006 (NSW) (‘the Act’) states that a Will is revoked by marriage. Although Section 12(2) of the Act allows for some provisions contained in…
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Easements Eliminated if they Exclude Use
The recent decision of Petrie v Dickson [2024] NSWSC 972 concerned a dispute between neighbours over a purported easement for garden use on adjoining properties in Palm Beach, Sydney. The…
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High Court Rejects Pure Economic Loss Claim
On 7 August 2024 in the case of Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25, the High Court of Australia dismissed the appeal of Mallonland Pty…
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The High Court of Australia Confirms that Proportionate Liability can Apply in Arbitration
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 A. Introduction On 7 August 2024 the High Court of Australia handed down its decision in Tesseract International Pty…
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When Performance Trumps Compliance
When Performance Trumps Compliance In the case of Christer Nominees Pty Ltd v Calabria Community Club Ltd, the Supreme Court of New South Wales considered whether the Plaintiff was entitled…
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What is Child Inclusive Mediation?
Child inclusive mediation is a process that enables the children of consenting separating parents to have their voice included in the family mediation process. In child inclusive mediation, a Child…
