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Exceptions to the rule - Who’s listening?
S 7(1) of the Surveillance Devices Act 2007 (NSW) sets out a general prohibition to a person using a listening device to record a private conversation to which the person is a…
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What a difference a (leap) year makes
What a difference a (leap) year makes We have all heard jokes about people born on 29 February in a leap year, claiming to be younger than they really are…
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Charity in Wills - Don’t waste the gift
Wills are ambulatory. The circumstances existing on the death of the Will-maker apply. This poses difficulties since most people cannot help but write Wills with “today” in mind. A recent…
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My Health Record: Are your children at risk?
In 2012 the Australian Government commenced a digital health record system known as My Health Record. In May 2017, the Government announced that the system would transition into an ‘opt-out’…
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Issues with Expert Evidence
Many cases before the courts involve expert reports - such as medical evidence in personal injury cases; accounting evidence in loss of profit cases; and valuation evidence in property cases.…
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Loans to Children - Don’t be Vague
When making loans to children, you will probably be nagged by conflicting emotions and truisms. Should I document the loan for clarity? But they look so happy together and can…
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Contested Will… when a claim can be made
Section 58 of the Succession Act 2006provides that an application to contest the Will of a deceased person must be made no later than 12 months after the date of…
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Can an employer discriminate based on criminal record?
A recent case in the Australian Human Rights Commission (“AHRC”), BE v Suncorp Group Ltd [2018] AusHRC 121, has looked at the issue of discrimination against a prospective employee due to their criminal record.…
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What Is the Value of a Lost Opportunity?
When is a ‘lost opportunity‘ really lost? And, when it is, what’s it worth?These were the questions considered by the NSW Court of Appeal in the recent decision Mal Owen Consulting…
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Unregistered Lease interest and the sale of a property
When an owner sells a property that is subject to existing tenancies, it is always preferable to have the relevant leases to the tenants registered on title. This ensures that…
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Controversial changes in the air - Restructure of Federal Circuit Court and Family Court
In the week that Australia was changing prime ministers, significant changes were being introduced for consideration in relation to the proposed restructure of the Family Court of Australia (FCA) and the Federal Circuit…
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Insurance non-disclosure - The Importance of what an Insurer knows
In 2017, the Supreme Court considered a dispute about whether an insurer had to pay out a claim in circumstances where it alleged its insured had failed to disclose relevant…
