How does the possibility of a future inheritance affect a property settlement?
There is no absolute rule; it will depend on the circumstances. The issue has been the subject of a number of applications for property settlement over the years and...
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What is a Company Limited By Guarantee vs Incorporated Association?
In New South Wales many not-for-profit organisations have traditionally operated using an incorporated association as the preferred business structure. However, incorporated associations are generally constituted for the purpose of...
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The Statutory Warranties Available Under The Home Building Act, 1989
The Legislation 1. Section 18B of the Home Building Act, 1989, provides that whenever licensed contractors carry out residential building work, there is implied into the contract certain warranties...
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Estate Planning and Enduring Powers of Attorney: what can your attorney really do?
Many Australians operate businesses or hold assets in family discretionary trusts. The trustees of the trust can be individuals or a company. If the trustee is a company, its...
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Court Proceedings for Parenting Orders and the Need for Family Dispute Resolution
When a couple with children separates, they need to put in place an arrangement for their children’s ongoing care. Arrangements can be by a separation agreement or pursuant to...
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What you need to know about the NSW Government’s new construction guidelines
New procurement Guidelines for all NSW infrastructure projects will come into effect on 1 July 2013. Changes to the existing guidelines were driven by the Hon. Mike Baird (NSW...
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Effective Exclusion Clauses in Commercial Contracts: 2 Lessons for Business Owners
A recent decision in the case of LA Rosa v Nudrill WASCA 18 serves as a reminder to all business owners that exclusion clauses in contracts are not...
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$732,133.76 reasons why an Executor should obtain the best legal advice
In a Decision of the NSW Supreme Court handed down on 31 January 2013, a Judge has ordered a person who obtained a Grant of Probate of a Will,...
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Occupier of retail shop not liable for the actions of a “suspected fraudster”
On the 8th of February 2013, the New South Wales Court of Appeal handed down its Decision in an appeal by a store owner against a finding it was...
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Estrangement: What does it mean in the law of succession in New South Wales?
Estrangement has been described as “the condition which results from the attitudes or conduct of one or both parties” (Andrews v Andrews NSWSC 115). On some occasions in...
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