The COVID-19 pandemic is having devastating impacts on our society and can make the process of going through a separation even more difficult. PARENTING AND CHILDREN All decisions about the long and short-term care of children must focus on the best interests of the children as the main priority. While the family Courts remain […]
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It is not uncommon on the passing of a loved one to find that they had typed up or hand written their own version of a document outlining their testamentary wishes. A problem for those left behind arises where the well intentioned deceased failed to prepare a document that complies with the strict formal requirements […]
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Following on from one of the worst fire seasons in living memory many Australians have at the front of their minds the issue of fire safety. Often (and rightfully) this is in the context of what can one do as a home owner to better protect their home and loved ones. But the tragedy of […]
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At common law, the owner of an unregistered trade mark in Australia for particular goods or services is taken to be the first person to use it in Australia in the course of trade in those goods or services. If there has been no use, the first person to apply to register a trade mark […]
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In parenting matters, when necessary, the Court will appoint an independent children’s lawyer to represent the best interests of the children involved. Often, each parent is of the belief that they know what’s best for their children and consequently, instruct their legal representative to argue that point of view. This may however involve a level […]
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Most drivers would be unaware of an obscure rule that exists in NSW which gives police the power to issue a fine to drivers whose passengers engage in certain behaviour that has the potential to distract the driver. Driver distraction is a leading cause of motor vehicle accidents in Australia. According to Transport NSW, research […]
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It is important for all parties to understand their obligations before entering into a lease. The Retail Leases Act 1994 (NSW) seeks to ensure that the important information is at hand before entering into a retail lease. Generally, a lease will fall within the definition of a Retail Lease for the purposes of the Act […]
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In a recent article, I discussed the findings of the Supreme Court of South Australia on the issue of revocation of a will where a Thai will was found not revoke a will previously made in Australia, as the intention of the Thai document was only to deal with assets in Thailand. This approach requires […]
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On 15 November 2019 the Civil and Administrative Tribunal New South Wales handed down its decision in The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd and Frasers Putney Pty Ltd [2019]. This decision is the first of its kind and sure to send shockwaves through the construction industry in the wake […]
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The first day of December 2019 heralded not only the start of summer, but also a more sunny environment for purchasers of residential lots in off-the-plan contracts. From 1 December 2019 the Conveyancing Legislation Amendment Act 2018 (NSW) and Conveyancing (Sale of Land) Amendment Regulation 2019 (NSW) came into effect, imposing more extensive obligations on […]
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