Terry Morgan, Author at Baker Love Lawyers Newcastle

Not Locked in the Brig, But Locked Up

In a recent decision of the Court of Appeal in the Supreme Court of New South Wales, the Court was called upon to consider the ability of the captain of a ship to detain a passenger against the passenger’s will. Briefly the facts were that on a cruise ship Passenger A was suspected of committing […]

Interference with Easements

A recent decision of the Supreme Court of New South Wales highlighted the rights of persons who are entitled to the benefit of easements for right of way. In this particular case, Property A was entitled to an easement for a right of way over Property B. The owner of Property B had sought to […]

Carrying on Business in a Sale

A recent decision of the New South Wales Court of Appeal has highlighted the need to consider carefully the words used in a contract for the sale of a business where the contract is referring to the continuation of the business by the vendor up to and including completion. In addition to other considerations, the […]

October 25, 2021
By Terry Morgan
Commercial & Business Law, Personal Property Securities Register
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Release of PPSR Registrations

What do you do if you, or your company has been given a charge over your, or the company’s, assets and that charge has been registered on the Personal Property Securities Register, the loan has then been repaid but the lender either neglects or refuses to provide a release of that registration? In recent proceedings […]

December 16, 2020
By Terry Morgan
Employment Law
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Restraint of Employees

A recent decision in the Supreme Court of New South Wales in the matter of Plus One International Pty Ltd V Ching 2020 NSWSC 1593 highlights the need for an employment contract to be in writing should the employer wish to impose restraints upon an employee. The Court confirmed the general rule that in […]

COVID-19 Leases – Pandemic Period

A recent decision of the Supreme Court of NSW has clarified certain important aspects of the legislation enacted to address the effects of the COVID-19 pandemic on commercial leases and will provide welcome guidance to landlords and tenants in NSW trying to navigate those laws. The COVID-19 rent relief package was announced by the […]

Wills and Wives Tales

We have all of the heard of the various tales regarding a Last Will and Testament. We have endeavoured to deal with a few of those wives tales hereunder to demonstrate the need to give careful consideration to the preparation of Estate Planning Documents including Last Will and Testament, Appointment of Enduring Guardian and […]

December 19, 2019
By Terry Morgan
Wills & Estates
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How and When to Change or Revoke Your Will

Just in case a heated family Christmas makes you reconsider who gets what in your will, here are some things you should know about changing or revoking your will, writes estate planning lawyer TERRY MORGAN. Why should I change my will? You should review your will on a regular basis in order to keep it […]

Lease negotiations: authority to act

A recent decision of the Supreme Court of NSW in respect of a Lease highlights once again the necessity to ensure that in any negotiations enquiries are made and satisfactory responses received to ensure that the party with whom you are dealing has authority to enter into and conclude negotiations. In the case in question […]

December 13, 2018
By Terry Morgan
Wills & Estates
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Should you appoint a testamentary guardian in your will for your children?

Parents are able to appoint a ‘testamentary guardian’ to act in their place in the event of their death. This guardian would act in conjunction with the remaining parent should there be one. If the surviving parent objects to this then the guardian may have to make application to the court to carry out their […]

Author: Terry Morgan

Not Locked in the Brig, But Locked Up

Interference with Easements

Carrying on Business in a Sale

Release of PPSR Registrations

Restraint of Employees

COVID-19 Leases – Pandemic Period

Wills and Wives Tales

How and When to Change or Revoke Your Will

Lease negotiations: authority to act

Should you appoint a testamentary guardian in your will for your children?

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Author: Terry Morgan

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