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When entering into a leasing arrangement in New South Wales, it’s essential for both landlords and tenants to understand whether the agreement is classified as a retail lease or a commercial lease. While both involve the occupation of premises for business purposes, they are governed by different legal frameworks and carry distinct rights and obligations. Read more
In New South Wales, a Will usually has to follow rules to be valid. In most cases, a valid Will must be in writing, be signed by the person making the Will, be signed by two witnesses who are present at the same time, and be signed by the witnesses. However, the Court understand that sometimes people clearly express their final wishes without following these technical rules. To avoid unfair results, the Court can accept an informal Will in certain situations. The Supreme Court of NSW recently considered whether a video recording could be an informal Will. Read more
A dispute resolution clause is one of the most important—but most overlooked—provisions in any contract. It outlines how disagreements will be handled and can significantly impact cost, speed, and business relationships. Including a clear, well-drafted clause helps protect both parties and prevents minor issues from becoming major conflicts. Read more
Jim Thynne died in 2011, survived by his wife Victoria and sons Harry (from a previous marriage) and Patrick. In Jim's will, Victoria was left the family home valued $4 million. This was under the condition that Victoria would leave the family home to Patrick and Harry equally when she died. In 2020, Victoria took out a mortgage over the family home. She used that money to keep the family farm running and to buy another property. Read more