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The Latest Articles

30July

Inheritance and Family Law – how does it all work?

In our latest Family Law Blog, our experts explain the complexity of inheritance and all the things you need to consider.

30July

Timing Critical in Assessing CRPS Injuries

The medical condition known as complex regional pain syndrome or CRPS has received significant media coverage in recent years. The RMB Compensation division explains the syndrome and suggests that timing is critical for people affected to claim compensation.

29July

Environment and planning push for NRF ICLG News – ICLG.com

Environment and planning push for NRF ICLG NewsICLG.com

29July

Sneak Peek Episode 272. Does an “in meeting” vote trump a “pre meeting” vote?

Sneak peek at this week’s podcast episode: I answer Reena’s question – what happens when an owner votes YES via pre-meeting electronic voting, but then attends the meeting and votes NO? And much more. Listen to the full episode here: https://yourstrataproperty.com.au/does-an-in-meeting-vote-trump-a-pre-meeting-vote/. Want to watch the full video? Become a member and receive immediate access to...

29July

Unmasked: NSW Health really does hate us

There’s an old saying that you should never ascribe to malice anything that can just as easily be explained by stupidity. With that in mind, we can only assume that the policy makers in the NSW Health department are either very, very stupid or just a bit malicious when it comes to apartments. This...

29July

What is coercive control?

On average in Australia one woman each week is killed by her current or former partner. It’s a sobering statistic and behind many or all of these cases lies destructive behaviour known as coercive control.> Coercive control is a pattern of psychologically manipulative behaviour that perpetrators use to gain control and power over their intimate...

29July

Staying financially protected during a split

Untangling your money can be one of the trickiest aspects of separation and divorce. Joint accounts, mortgages and investment properties as well as any Wills and estate planning you may have had in place, all has to change. When a couple first splits, there are a number of financial matters that you will need to...

29July

How “final” are final court orders?

Once a property settlement has been decided by the court (or by consent), there are few options for changing that order. Generally speaking, courts are reluctant to look at any applications to set aside or change final court orders, but there are some exceptions. A person wanting to change or vary a court order can...

29July

What is a Callover?

A Callover is a special event in the courts whereby the court lists the number of matters that aren’t already listed for allocated trial dates. They are typically placed before a judge orSenior Registrar and here is Brisbane we are amidst of a massive Winter Callover before a number of Judges. The [...] The post...

29July

Offer of Compromise – Is it really a genuine compromise?

In the recent decision of The University of Melbourne v Commissioner of State Revenue [2021] VSC 322 (“SRO Case”), Justice Osborne of the Supreme Court of Victoria considered the Court’s discretion to refuse the making of an indemnity costs order in relation to an offer of compromise made under the Supreme Court (General Civil...

29July

News flash: Secured party defends registration against insolvent corporate trustee

Introduction The recent decision of the Administrative Appeals Tribunal in Re: 0 Love 0 Pty Ltd (in liquidation) ATF Cooley Trust 1, Cooley Trust 2 & Cooley Trust 3 illustrates the importance of identifying the capacity of a contracting party when registering a security interest on the Personal Property Securities Register (PPSR). Equally, it is...

29July

Failing to prepare is preparing to fail

In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 2021, the liquidator failed in his claim to recover 19 alleged unfair preference payments totalling $740,000 from the ATO. The case turned on whether the impugned payments had a preferential effect. Ultimately, the liquidator was unable to prove the payments were preferential, due to...

29July

Enforcing Interests in Disclaimed Land

Introduction A bankruptcy trustee has the power to disclaim interests in land that are burdened with onerous covenants, unsaleable or not readily saleable. On doing so, the interest formerly held by the bankrupt re-vests in the Crown in the right of the State under the doctrine of escheat. What effect does bankruptcy and disclaimer have on...

29July

Failure to call witness fatal to Liquidators’ claim rule

Introduction The Federal Court of Australia recently considered in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 (“Proceeding”) the circumstances in which a Jones v Dunkel (1959) 101 CLR 298 inference will be drawn from a party’s failure to call a relevant witness. The...

29July

World first: Australia says ‘yes’ to AI inventors

The decision in Thaler v Commissioner of Patents [2021] FCA 879 is the first judicial determination in the world in favour of AI systems being named as inventors of a patent. The availability of patent protection for AI-generated inventions is a vexed and controversial issue.

29July

VIC: Q&As Restrictions on the Number of Proxies You Can Hold

Question: Are there circumstances when proxy voting is not allowed by the Strata Manager and how many proxy votes can a Strata Manager hold? The post VIC: Q&As Restrictions on the Number of Proxies You Can Hold appeared first on LookUpStrata.

29July

NSW: Important Recent Changes to Strata Laws

The NSW Government has made a number of important changes to the Strata Schemes Management Act 2015 (Act). The post NSW: Important Recent Changes to Strata Laws appeared first on LookUpStrata.

29July

Estate Planning, it’s not just a Will | Business News

HHG Legal Group Special Counsel, Janene Bon, and Senior Associate, Alyce Martin have featured in Business News discussing the importance of a complete succession plan. Janene and Alyce highlight important considerations when estate planning and the significance of regularly reviewing your estate plan. Read the full article here. The post Estate Planning, it’s not just a Will...

29July

Is Your Home Really Your Castle?

We all like to believe that Darryl Kerrigan was right and that our homes are our castles but what happens if your neighbours are making life difficult? The most common causes of tension between neighbours include:- Dividing fences between two properties – who pays for the design and upkeep?Your neighbour wanting trees on your property...

29July

Boost to COVID-19 Financial Support for Businesses and Individuals as Lockdown continues in NSW

As Greater Sydney prepares for an extended lockdown until 28 August 2021, welcomed boosts to the COVID-19 financial subsidies offer some reprieve to struggling businesses and individuals. Boost to JobSaver Program Weekly payments between $1,500 and $100,000 are now available to employing businesses that maintain their employee headcount, with payments based on 40% of their weekly...