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Your update on flexible working arrangements
From 1 December 2018, changes to modern awards requires employers to genuinely try to reach an agreement with employees in relation to flexible working arrangements. In accordance with section 65…
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Superannuation benefits - a trap for executors
Some years ago, I was involved in some litigation that arose when a man died leaving superannuation entitlements (but without nominating an intended recipient) and had nominated his partner as…
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Changing a Child’s Name
Some relationships come, and go. Children might have multiple siblings to different fathers and/or mothers, and it is not uncommon for a change to a child’s surname to be contemplated. …
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The legal tangle of family finances
It is common for family members who provide financial support for each other not to put those arrangements in writing. It is also common for lawyers to see those family…
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Strategic Settlement Offers Must Be The Real Thing
Summary The court did not award a higher rate of costs to a defendant despite the outcome of the case being better than an early offer it had made. Background…
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Making a Will “In Contemplation of marriage” - Part 1
Part 1 - The Facts This short, two part article, looks at an aspect of will making that is familiar to lawyers, but perhaps not to the general public. It…
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Family Violence & Property Settlement
In the 1997 case of Kennon the Full Court (Family Court) stated that there is no doubt that domestic violence may be a relevant factor in assessing contribution in a property adjustment…
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Forgotten costs of selling your business
When selling your business, it is important that you keep in mind all costs that are associated with the sale when negotiating any purchase price of the business. This is to ensure…
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Out of Hours Conduct and Dismissals
The Fair Work Commission (“FWC”) recently handed down the decision of Rodney Fussell v Sydney Trains [2019] FWC 1182 which looks at when out of work conduct will constitute a valid reason for…
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Sibling Rivalry and Real Estate
It is not always plain sailing when brothers and sisters own real estate together. It quite often happens, for example, that one sibling lives in the property rent free whilst…
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Making a Will “In Contemplation of marriage” - Part 2
Part 2 - The Decision Last week’s article outlined the facts of a Supreme Court case that looked at whether, or not, a particular will had been made “in contemplation”…
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Seeing the woods for the trees
On 28 December 2018 the Land and Environment Court of New South Wales decided the case of Hourigan v Howard [2018] NSWLEC 1686. The applicants claimed plants along the fence line obstructed…
