In a recent case decided by the Supreme Court of NSW, a woman named Sophie died on 24 December 2022 at the age of 82. Sophie had a son named Andrew and two daughters, Mary and Margaret. Andrew, took care of their mother, Sophie, before she died. Read more
In a case before the Court of Appeal in October 2023, a woman named Irene passed away, sparking a series of family disputes. Read more
Justine believed she deserved more from the estate. She argued that her portion was not enough for her to buy a home and a car. She argued that the gift was evidence of Margaret's gratitude for taking care of her. Read more
The recent changes to defamation laws in New South Wales means you cannot successfully sue someone for defamation unless your reputation has been “seriously” harmed from a publication. The same applies in England and Wales. Read more
Your will sets out how your assets are to be distributed after you die. How much each beneficiary receives normally cannot be changed. One exception is if the court is persuaded that a wise and just will maker would have done otherwise. Read more
The recent changes to defamation laws in New South Wales mean that you cannot successfully sue someone for defamation unless your reputation has been “seriously” harmed by a publication. The same applies in England and Wales. Read more
You cannot sign a will if you do not understand what you are doing. In legal terms if you “lack capacity”. Read more
When you pass away, the person given the responsibility to dispose of your body is the executor under your will. If there is no will, the person with the right to apply for administration of your estate, such as the spouse or next of kin, will have this responsibility. This is in addition to balancing any practical, cultural, and religious factors. Read more
In a recent case a husband and wife owned a business, but it was not doing well. They decided to downsize their home and exchanged contracts to sell it for $1.35 million dollars. They then entered into a contract to purchase a new home. Read more
In a recent case, a father and mother had four children. The father had previously been charged with possession of child exploitation material. The couple’s eldest child claimed the father had sexually assaulted him. The mother confronted the father. However, he denied these allegations. Nevertheless, the mother withheld all the children from the father, believing that he posed an unacceptable risk of harm to the children. The father then sued in the Family Court seeking orders for access to the children. Read more