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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 […]