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Dispute Resolution, Property Law 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 […]

Commercial and Business Law, Dispute Resolution December 22, 2014

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, […]

Wills and Estates Law November 26, 2014

Can a person be left out of a Will?

Children of any age and other eligible persons (as defined under the Succession Act 2006) have the right to make a claim on an estate for provision (or more than they were left under the Will) for their maintenance, education and advancement in life. This is known as a family provision claim. One of the […]

Family Law, Wills and Estates Law November 24, 2014

The Short Lives Of Testamentary And Family Trusts

Trusts, which are colloquially known as “testamentary” or “family trusts” have one thing in common. That is that the Trustee can pick and choose from within a wide group of beneficiaries how to distribute the trust income and capital from time to time. This provides significant opportunity for a reduction of various taxes, protection from […]

Commercial and Business Law, Corporate Advisory May 1, 2012

The National Business Name Register

The new rules will apply to any business that sells goods or services to consumers in trade or commerce. Has your business registered its business name? ASIC is making life easier by cutting the red tape… Key Points In NSW the Business Names Act 2002 (NSW) is being replaced by the Business Names Registration Act […]

Commercial and Business Law, Corporate Advisory November 1, 2011

The requirements for creating a valid e-commerce contract

The requirements for creating a valid e-commerce contract In recent years, online shopping has exploded in popularity, with many Australians taking advantage of the strong local dollar and the ease of making purchases online. As a result of consumers doing more shopping on the internet, small businesses may have begun to consider the viability of […]

Immigration Law November 1, 2011

A brief explanation of the new points test for Certain Skilled Migration Visas

On 1 July 2011, the Australian Government introduced a new points test for certain skilled migration visas, in which a comprehensive assessment of the attributes of an applicant is made, taking into account the applicant’s English capabilities, skills, qualifications, and the age of the parties who are applying for skilled migration visas. Applicants must meet […]

Family Law November 1, 2011

Family law and spousal maintenance

Relationships that have come to an end, whether the parties were part of a marriage or a de facto coupling, are always difficult. Additionally if there are further issues relating to finance, the situation can be even more fraught – especially if one of the parties is in a weaker economic position. The Family Law […]

Immigration Law October 1, 2011

Return of the prodigal resident – resident return visas subclass 155

Are you a current or former Australian permanent resident whose travel validity period of your permanent visa has expired or is about to expire? The Five Year Resident Return Visa (Subclass 155) is for you. So tell me about yourself – What is the Resident Return visa? The Resident Return (subclass 155) visa is a […]

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 […]