A. SynopsisOn 8 August 2024, the NSW Court of Appeal upheld the initial decision in Slade v Brose [2024] NSWCA 197. The case of Slade
Plummer & Anor v Montgomery is a judgment of the Supreme Court of New South Wales in a family provision case, where two stepchildren of
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
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
Mediation is encouraged in civil disputes as an effective alternative to litigation. Three major benefits to mediation are: All litigation has risk. Mediation is an
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
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
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
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 is a judgment of the High Court of Australia, which involves a dispute over voidable
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
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
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
Land tax is payable by the owner of a property when that property is not the person’s principal place of residence and the unimproved capital
As mentioned in a pervious article, the Family Law Act changed on 6 May 2024; and one of the changes is a variation in language
In the recent decision ofMay v Walker [2024] NSWSC 612 the Supreme Court of New South Wales dismissed the application of the two plaintiffs, Abby
The Supreme Court of New South Wales recently considered a case where the plaintiff, TZI Australia Pty Limited, applied to set aside a Statutory Demand
Under section 109 of the Public Health Regulation 2022 the cremation authority must either: Who controls the ashes of the deceased? While the ashes are
What is a Partner Worth? Resolving Disputes When Partners Retire In the recent case of Trident Austwide Pty Ltd v Bagcorp Pty Ltd as trustee
In the recent case of Stamford Bridge SW6 Pty Ltd [2024] NSWSC 486, the Supreme Court of NSW found that a Statutory Demand was validly
If you are separating from a spouse or partner, and you jointly own property together as joint tenants, you may consider severing this joint tenancy.
How to Claim 1,200% on a Loan In the recent case of Dalton and Schaeffer as Executors of the Estate of the Late John Herman
The Family Law Act is changing on 6 May 2024 – and while there has understandably been much talk about the changes to the sections
There was a reminder of the myriad of rules surrounding appeals in the recent decision of Lynch & Lynch 2024. In that matter the husband
In MDR Design and Construction Pty Ltd v Ferguson [2024] NSWCATAP 25, the Appeal Panel of NCAT overturned part of a decision in a dispute
Partnerships are a common form of business structure, particularly in small to medium-sized enterprises. However, when disputes arise, the dissolution of a partnership can become
Mediation – or Family Dispute Resolution (FDR) – is an opportunity to work through your parenting and property division issues and to hopefully reach a
In the recent matter of MacKinnon & Talbot the Court had to consider what impact renovation work had in determining the property division. The de
The ongoing challenges posed by the COVID-19 pandemic have significantly impacted the construction landscape in NSW, leading to a surge in building costs. This has
Section 57(1) of the Succession Act 2006 lists persons who are eligible to make application for provision (or additional provision) in respect of the estate
What is Probate? When is it required? When a person dies with assets in his or her sole name, an application for a grant of
Mullane and Lindsay acknowledges the Traditional Indigenous Custodians of the land on which we work, and we pay respects to Elders past, present and emerging.
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