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Family Law, Wills and Estates Law May 12, 2015

Estranged Children Make Successful Claim Against Fathers Deceased Estate

Children Estranged From Their Father For 21 Years After Father’s Divorce Make Successful Claim Against His Deceased Estate In the recent Supreme Court decision in Poletti v Jones [2014] NSWSC 715 (4 June 2014) two daughters who were estranged from their father for 21 years after he divorced their mother successfully brought a family provisional […]

Dispute Resolution, Property Law May 6, 2015

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 […]

Family Law, Wills and Estates Law April 23, 2015

Prospective Inheritances in Family Law Property Proceedings

This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]

Family Law, Wills and Estates Law April 16, 2015

Release of Rights to Family Provision Claims

While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom. The Act confers on certain individuals a statutory right to make family provision claims out of the testator’s estate, contrary […]

Property Law April 14, 2015

Bad news for Developers and for home-buyers

The decision in Botany Bay City Council v Botany Development Pty Ltd (No 2) [2015] NSWLEC 55 On 9 April 2015, the Land and Environment Court of New South Wales handed down a decision which has negative implications for both developers and home buyers and which will potentially impact residential development projects across all of […]

Family Law March 31, 2015

Are Prenuptials Valid in Australia?

Recently, a client posed the following question: ‘I heard that prenuptial agreements are not valid in Australia, is this true?’ The short answer to this question, is no. Prenuptials, or Financial Agreements as they are referred to in Australian jurisdictions, are valid, and spouses are free to enter into them at any point in a […]

Wills and Estates Law March 25, 2015

Defence of Family Provision Claims

An executor (and an administrator in the case of intestacy) has a duty to defend family provision claims brought against the estate. In this article we look at what this involves in New South Wales. Family provision claims Certain people, including a spouse and a child of a deceased person, and a person who had […]

Wills and Estates Law February 17, 2015

Enduring Guardians

What is an Enduring Guardian? An enduring guardian is someone who is empowered to make decisions for you on a range of lifestyle issues such as: where you live (such as a specific nursing home, or your own home); the health care you receive; other personal services you receive (eg. podiatry, physiotherapy); and medical and […]

Family Law, Wills and Estates Law February 16, 2015

Enduring Powers of Attorney in NSW

What is a Power of Attorney? A power of attorney is a document empowering a person (or persons)(“the attorney”) to act on behalf of another person (“the principal”) with respect to the principal’s assets, debts and financial affairs. Powers of attorney can be: General –         the attorney is able to do nearly all things the […]

Commercial and Business Law, Corporate Advisory January 28, 2015

The Litigation Landscape: Post-Aon Risk Services v Australian National University – Five Years On

Introduction It is now just over five years since the High Court handed down the seminal decision of Aon Risk Services Australia Ltd v Australian National University1 (“Aon”). Aon fundamentally changed the way in which litigation is conducted. It has addressed delay in amendment or late reliance on evidence which, prior to Aon, was seen […]