Blog
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Voluntary Assisted Dying Bill
20 OCTOBER 2022 On 19 May 2022, the Voluntary Assisted Dying Bill was passed in New South Wales and will come into effect after an 18 month implementation period. Adults with decision-making capacity who are suffering from severe and progressing illnesses that are likely to cause death within six months (or twelve months in the case of neurological diseases) will be eligible to access voluntary assisted dying. Other requirements include that the patient is in pain, that the suffering caused by their illness or condition is unable to be relieved in any other way, and that their decision is informed and consistent. Read more
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Private Nuisance
21 SEPTEMBER 2022 Generally, a person can do whatever he chooses on his land provided it is lawful and it does not unlawfully interfere with someone else’s use and enjoyment of their land. However, a balance must be maintained between the competing interests of the parties. Read more
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High Court Makes Landmark Decision on Employee/Contractor Debate!
19 JULY 2022 A man had travelled to Australia on a working visa. He came from the United Kingdom, was 22 years old, and had limited experience as a builder in the UK. Money was tight, and he quickly found work with a labour hire company. His contract with the labour hire company stated that he was a “self-employed contractor”. Read more
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Do You Have Assets Overseas? Beware of the Cost of Not Having a Will!
28 JUNE 2022 , WILLS & ESTATE PLANNING , ESTATE DISPUTES , PROBATE & DECEASED ESTATESIn a recent case, a man died in Australia. He left behind a wife and two children, and an estate valued at over $50,000,000.00. He had assets in Australia, Hong Kong and China. He had not made a will to specify how his assets were to be divided after his death. Read more
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Man Tries to Exit Contract by Claiming He is Mentally Ill
17 MAY 2022 , COMMERCIAL & BUSINESS LAW , PROPERTY LAW & CONVEYANCINGA man (“the purchaser”) bought a property and negotiated a 13-month settlement period. The contract included a clause that said that if a party became mentally ill they could pull out of the contract. The purchaser took possession of the land before settlement, and everything appeared to be going smoothly. The purchaser himself was a savvy investor because he already had 8 properties to his name. Read more
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Disobedient Employees? You Could be Responsible for Their Actions!
01 MARCH 2022 , COMMERCIAL & BUSINESS LAW , LITIGATION & DISPUTE RESOLUTIONAn employer was involved in providing apprenticeship opportunities to young workers. The company engaged a 16-year-old high school student for work experience to see if it would take him on as an apprentice. The student was keen and seemed to show potential. Read more
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Family Court Orders Mother Not to Leave Australia!
21 FEBRUARY 2022 , FAMILY LAW & DE FACTO RELATIONSHIPSIn a recent case a man met a woman who had moved to Australia temporarily from Belgium. They fell in love quickly and shortly had a child together. The father had lived in Australia his entire life, whereas the mother had lived in Belgium her whole life, and all her family were still situated there. The mother worked full time as a professional for an international firm. Read more
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Many Strata Reports Should Be Discarded!
14 FEBRUARY 2022 , PROPERTY LAW & CONVEYANCING , LITIGATION & DISPUTE RESOLUTIONOnly in extraordinary circumstances should a purchaser of a strata property (whether residential or commercial) proceed to exchange contracts or bid at an auction without first reading a written report on the affairs of the owners’ corporation. But beware! These days they are often provided by the vendor, or their selling agent. Do you see a problem? Read more
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Can your Business Effectively Protect Its Interests?
17 JANUARY 2022 , COMMERCIAL & BUSINESS LAW , LITIGATION & DISPUTE RESOLUTIONRestraint of Trade Clauses can also be applied between businesses. This is often the case when one business is split into two businesses, or in Joint Venture Agreements where two businesses agree to co-operate on a project. A recent NSW Supreme Court Case involving flower wholesalers has shown how Restraint of Trade Clauses will not always be enforced by Courts. Read more
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Can a Child, Unborn When the Parent Dies, Still Inherit?
16 NOVEMBER 2021 , WILLS & ESTATE PLANNING , ESTATE DISPUTES , PROBATE & DECEASED ESTATESIn a recent case a husband and wife were trying to have children by IVF. Five embryos were produced. One of the embryos was successfully implanted and the wife gave birth to a child. The remaining four embryos were frozen. Read more
