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Dispute Resolution

Dispute Resolution July 20, 2015

Family Provision Claims by De facto Partner Against Deceased Estates

A person with whom the deceased person was living in a de facto relationship at the time of the deceased’s death is an eligible person to make a claim against the deceased’s estate pursuant to Section 57(1)(b) of the Succession Act 2006. The meaning of de facto relationship for the purposes of the Act is […]

Claims By Stepchildren Against Deceased Estates

A stepchild of a deceased person can be an eligible person to make a claim for provision from the step parent’s estate pursuant to Section 57 (1)(e) of the New South Wales Succession Act 2006. However, the step child must have been at any particular time wholly or partly dependent upon the deceased person and […]

A Good Decision For Developers

JRPP Trumps Local Council Finally, some good news out of the Land & Environment Court… The decision in Lane Cove Council v Orca Partners Management was handed down a few weeks ago, where the Land and Environment Court dismissed the application by Lane Cove Council to challenge the validity of a development consent granted by […]

Dispute Resolution December 23, 2014

Proprietary Estoppel

Greatest gift that you can give to others is the gift of unconditional love and acceptance [i] General Principles Legal principles in relation to equitable estoppel are relatively settled and are summarised in the following passage of Brennan J’s judgment in Waltons Stores[ii]: “…[T]o establish an equitable estoppel, it is necessary for a plaintiff to prove that (1) the plaintiff assumed […]

The High Court’s unfortunate analysis in Clark V Macourt;

Let’s hope it’s not a seminal decision The decision in Clark v Macourt[1] is a terrific example of the idea that the High Court is right because it’s final, not final because it’s right. The High Court has ruled that in quantifying the damage a person has suffered as a result of breach of contract, […]

Dispute Resolution Family Law October 1, 2011

What is Family Counselling and Family Dispute Resolution?

If you are involved in a separation or divorce then you may have heard the terms “family counselling” or “family dispute resolution practitioner”. Family Counselling Family counselling is a process where a family counsellor helps people affected by separation and divorce to deal with personal and interpersonal issues in relation to the relationship or issues […]

Dispute Resolution February 1, 2011

Insurance Basics

Recent flooding in Queensland and other parts of Australia has highlighted the critical need for businesses to have adequate insurance coverage. Many small business owners have lost everything and will have an extremely difficult time rebuilding their operations. While assistance from the State and Commonwealth governments may help, it remains unclear if financial institutions will […]

Being Sued

Introduction Litigation is an unpleasant and stressful experience for a small business to go through. Most small business owners prefer to focus on what actually makes their business grow and operate, rather than dwelling on past mistakes or analysing small administrative details. Unfortunately, being sued can often be about very little details that happened in […]