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Legal updates, case notes and commentary from our team.
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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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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…
Wills, Estates & Trusts
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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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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…
Disputes, Claims & Litigation
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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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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…
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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…
Commercial, Business & Property
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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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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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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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What are the Legal options if your Business is Owed Money?

In this podcast Director, Kristy Nunn discusses the legal options that you have if your business is owed money. As well as the steps that you should take prior to seeking legal advice. Annie: “Welcome, today I’m talking with Kristy Nunn from Mullane Lindsay Solicitors, Newcastle. Hi Kristy, thank you for

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How Does the Family Law Act Deal with Pets After Separation?

In this podcast, Solicitor Alexander Gee discusses pets in regard to a separation and how this is handled by the Family Law Act. Annie: “Welcome, today I’m talking with Alexander Gee from Mullane Lindsay Solicitors, Newcastle. Hi Alexander, thank you for taking my call today.” Alexander: “Hi, Annie. Thanks, it’s good

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Life Estates and Rights of Resident

In this podcast Consultant, Robert Lindsay discusses what a life estate is and why they are created as well as what right of residency means. Annie: “Welcome, today I’m in the studio with Robert Lindsay from Mullane Lindsay Solicitors, Newcastle. Hi Robert and welcome to the studio, thanks for joining me”

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Superannuation and Wills

In this podcast, Consultant, Felicity Wardhaugh discusses, superannuation and wills. With particular reference to estate planning. Lorraine: “This morning we have Felicity Wardhugh from Mullane Lindsay. She’ll be speaking to us about superannuation and Wills. Good morning, Felicity and welcome.” Felicity: “Good morning, how are you today?” Lorraine: “Very well. Now, Felicity, if I’m

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Getting your Business Ready for Sale

In this podcast Solicitor, Lachlan Page discusses the steps to take in preparing your business for sale. Anne: “Welcome, today I’m talking to Lachlan Page from Mullane Lindsay, Newcastle. Hi Lachlan, thank you for taking my call today.” Lachlan: “Hi Annie, great to be here.” Anne: “Our topic of discussion today

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What is Mediation?

Rose Laffan explains what mediation is and the benefits of mediation. Lorraine: “Today, I’m in the studio with Rose Laffan from Mullane Lindsay Solicitors, Newcastle. Hi Rose and welcome.” Rose: “Hi, thanks for having me.” Lorraine: “Today, we’re asking, what is mediation? I’ve been hearing lots about mediation, what does it mean to go

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Mutual Wills- Surviving your second spouse

Cavelle Lindsay, Practice Group Leader of Wills and Estates explains mutual wills and how they may affect an individual or couple. Anne: “Welcome, today I’m in the studio with Cavelle Lindsay from Mullane Lindsay Solicitors, Newcastle. Hi Cavelle, thank you for joining me today. Our topic for discussion today is mutual

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Strata and Community Title

Michael McGrath, Practice Group Leader discusses what Strata and Community titles are. He also explains some of the rules and regulations that can come along with such titles. Chris: “Today, we have Michael McGrath, who’s a qualified solicitor with Mullane Lindsay and also the Practice Group Leader in Property and Leasing. Good morning Michael,

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Commonly used terminology when buying or selling properties &cooling off explanation

In the following podcast Conveyancer, Michele Rumph explains some commonly used terminology when buying or selling property. As well as explanation of what is meant by the term “Cooling off”. Lorraine: “Good morning and welcome to Michele Rumph, licensed conveyancer with Mullane Lindsay. Commonly used terminology when buying and selling properties and cooling off

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To sell or not to sell, that is the question

In this podcast Special Counsel, David Collins discusses the pitfalls of co-ownership of a property and the need of one party wanting to sell said property. Lorraine: “Good morning, David, you’re a part of the Litigation team at Mullane Lindsay Solicitors.” David: “Good morning, thank you for inviting me. Yes, I’m in the litigation

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Common Misconceptions of Family Law

In the following podcast Special Counsel, Catherine William discusses the common misconceptions of family law. Catherine: “Hi, my name is Catherine Williams. I’m an accredited specialist in Family Law and I work for Mullane Lindsay Solicitors in Newcastle.” Lorraine: “Catherine, is marriage more important than a

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How can grandparents support their children, “the parents” through a separation

In this podcast Ashleigh John, Director discusses how grandparents can support their children, “the parents” when there is a separation. Ashleigh: “Hi, I’m Ashleigh John. I’m a director in the Family Relationships Law Team at Mullane Lindsay Solicitors and today I’m going to speaking to you about grandparents and family law.” Lorraine: “How can

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