Casenotes Property – consent orders obtained based on false information for the purpose of defeating creditors, in most circumstances, justifies an order varying or setting aside the order under s79A of the Act Cantrell & North and Anor [2020] FamCAFC 175 , Robert Glade-Wright
Casenotes QCAT chief recommends prominent Gold Coast barrister be struck off The president of QCAT recommends that a Gold Coast barrister be struck off. , Tony Keim
In practice Service via Dropbox ruled invalid A recent ruling indicates that Dropbox and other online file-sharing technology will not necessarily be acceptable for service of documents. , Shane Budden
What's new in succession law What is it to know and approve the contents of a will? Battenberg v Phillips [2020] NSWCA 249 , Christine Smyth
In practice Privilege: To be preserved, not presumed A recent English case underlines the need to take great care in making reference to advice received. , Shane Budden
What's new in succession law Granny Flat Gains The removal of Capital Gains Tax (CGT) from granny flat arrangements brings two major benefits. , Christine Smyth
In practice Obligations of a legal practitioner director of an ILP Principals accepting appointments as directors of law practices are reminded of the need for due diligence.
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Casenotes Fair Work Act – calculating entitlement to paid personal/carer’s leave – meaning of ‘working day’ Mondelez Australia Pty Ltd v Automotive, Food Metals, Engineering, Printing and Kindred Industries Union (AMWU) & Ors , Dr Michelle Sharpe
Casenotes Negligence – common law standard of care State of Queensland v The Estate of Jennifer Masson [2020] HCA 28 (13 August 2020) , Dr Michelle Sharpe
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Casenotes Children – vexatious litigant’s leave application fails – primary motivation in seeking parental responsibility to challenge deceased mother’s will SCVG [2020] FamCAFC 147 (12 June 2020) , Robert Glade-Wright
Casenotes Children – registrar’s refusal to file initiating application due to non-provision of a s60I certificate was improper Valack [2020] FCCA 1354 (29 May 2020) , Robert Glade-Wright
Casenotes Children – children had refused to see father for two years – order erroneously made in hope Masih & El Saeid [2020] FamCAFC 152 (25 June 2020) , Robert Glade-Wright
Casenotes Financial agreements – agreement ‘came into effect’ pursuant to s90UI upon separation, not when it was signed Salvage & Fosse [2020] FamCAFC 144 (12 June 2020) , Robert Glade-Wright
What's new in succession law Probate and due process We are reminded once more than only a court can determine the validity of a will – even if the parties are in agreement. , Christine Smyth
In practice Everything in its own time: Provision of notices v contractual requirements A recent Supreme Court case illustrates the point that contractual provision of a notice differs from meeting a contractual obligation. , Catherine Jackson
In practice Doing without the Wagyu and shiraz More prescriptive lending processes are one potential outcome following the recent ASIC v Westpac appeal decision. , William Isdale, Sam Walpole
What's new in succession law Capacity, clarity, contradictors and civil procedure Questions of capacity can arise in unexpected circumstances. , Christine Smyth
In practice Right to reasons and the Mental Health Review Tribunal A Court of Appeal decision reaffirms the importance of procedural safeguards when providing involuntary treatment for people with mental illness.
Casenotes Spousal maintenance – court erred in allowing husband a ‘financial buffer’ for ‘vicissitudes of life’ when calculating interim spousal maintenance