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Your Guide to Family and Domestic Violence Leave
The Fair Work Commission (“FWC”) has recently recognised the impact of family and domestic violence (“FDV”) on employees and employers in the work place. The FWC noted in its Four…
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Things to tell your Family Law lawyer in the first consultation
I understand that no one likes to air their dirty laundry to a lawyer they have just met. But, in the context of Family Law there are three important things…
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Charity does not always begin at home
Lever v Attorney General of NSW [2018] NSWSC 838 A Will-maker left a gift of approximately $4.5m to her nephew and his wife to create a trust to “benefit women…
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When Customary Law meets Succession Law
In Re Estate Jerrard, deceased [2018] NSWSC 781 an indigenous young man died in a motor accident without a Will and with no spouse or children. Superannuation death benefits were payable into…
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When is a Will a Will?
Section 8 of the Succession Actprovides that a document (or part of a document) that “purports to state the testamentary intentions of a deceased person and has not been executed…
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Making a Will - beware the assets test
A couple who receive the aged pension and own their own home can have combined assets of up to $380,500.00 without their pensions being affected. If they have combined assets…
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The three questions kids are thinking about separation and divorce
Recently the Australian Institute of Family Studies released their Report “Children and young people in separated families: Family Law system experiences and needs”. The report involved interviews with 61 children…
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If the husband was the puppet master, who was the puppet?
In a recent Family Law Full Court case, it was not in dispute that the husband exercised control over his 99 year old father’s unit trust (UT) including directing agents…
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Can lease obligations operate ‘prior’ to the commencement date of the Lease?
Will a Court enforce provisions of a lease against a party in respect of a period of time prior to the commencement date of the lease? This was one of…
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Directors’ liability for legal costs
A cautionary tale for directors who might think they can hide behind a “corporate veil” and avoid personal exposure. Parties to a complicated dispute settled the dispute and entered into…
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Contested Wills… the Court procedure
When a person intends to contest a Will, after establishing eligibility, he or she must commence proceedings in the Supreme Court. The District Court has jurisdiction however the Supreme Court…
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Real improvement in real estate transactions using technology
Have you noticed that a feature of electronic technology is the ability to collaborate? A person in Adelaide can now share information in a mouse click. A new electronic system…
