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Slimming it Down
Carrying on from recent articles published by the Mullane Lindsay Family & Relationships Law team on the recent recommendations arising from the ALRC’s Family Law Review, we now consider recommendation…
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Sliding Doors; the Impact of Section 5D(3)
On 17 June 2019, the Supreme Court of New South Wales handed down the decision of PPK Willoughby Pty Ltd v Baird [2019] NSWSC 705 about whether evidence should be excluded from the plaintiff’s…
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To Caveat or not to Caveat
It is common for a loan agreement to grant the lender an equitable charge or mortgage over the borrower’s property as security for the loan, particularly where the loan is…
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What’s in a name?
Ashleigh John recently wrote about one of the recommendations from the Australian Law Reform Commission’s review into family law that suggested that the Family Law Act (section 60CC) should be ‘slimmed down’. Today…
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Why “he said so” is not enough
Families do not usually make sure that promises are recorded in writing or documents evidencing transactions are kept. Failing to ask the “what if” questions (which lawyers are trained to…
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Is your fireplace approved?
Section 68(1) of the Local Government Act 1993 provides that a person may only install a domestic oil or solid fuel heating appliance (other than a portable appliance) with the prior…
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Is an Oral Contract for Sale of Land Enforceable?
There is a general statutory requirement that for a contract for sale of land to be enforceable, it must be in writing and signed by the parties (section 54 of…
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Statutory tort of family violence
Continuing our series looking at the recommendations of the Australian Law Reform Commission’s review into the Family Law System today I am looking at one of the family violence focused…
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UPDATE - Priority of Trust Assets in Liquidation
In May of this year I wrote an article about a possible statutory gap for trust creditors and noting that High Court determination was required to provide clarity in relation…
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More Reforms for Off-the-Plan Sales
An off-the-plan contract is used to sell property that does not yet exist. It is a popular way for buyers to enter the property market as they can commit to…
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Inherited Shares……. Keep or Sell?
It is not unusual for the assets in an estate to include shares in companies listed on the Australian Stock Exchange. If those shares were purchased by the deceased after…
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Blended Families and Self-Managed Superannuation Funds
A Self -Managed Superannuation Fund must comply with the law or risk significant tax consequences. Section 17A (3) Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) provides that a legal personal representative…
