In practice

Casenotes

Native title – delegation of functions – delegation and agency – what’s the difference? Quite a lot according to Nettle and Edelman JJ

Northern Land Council & Anor v Quall & Anor [2020] HCA 33

, Dr Michelle Sharpe

Casenotes

Property – treatment of deed of gift – majority of High Court reaffirms wide discretion of trial judge

Hsiao v Fazarri [2020] HCA 35

, Robert Glade-Wright

Casenotes

Appeal – consent orders cannot be appealed on the merits – father sought to withdraw his consent

Melville (No.3) [2020] FamCAFC 231

, Robert Glade-Wright

Casenotes

Children – medical procedures – gender dysphoria – adolescent found to be Gillick competent

Re: Imogen (No.6) [2020] FamCA 761

, Robert Glade-Wright

Casenotes

Children – risk assessment at interim hearing – mother could not cope with cost of professional supervision

Canfeld & Falkins [2020] FCCA 2570

, Robert Glade-Wright

Back to basics

Admission of further evidence in a civil appeal

Further evidence will only be allowed in particular circumstances in civil appeals in the Queensland Court of Appeal or the Federal Court of Australia.

, Kylie Downes QC, Jane Menzies

What's new in succession law

What’s in a name? Lost beneficiaries, birth certificates and human rights

An intestate estate and quest for lost beneficiaries leads us to the Convention on the Rights of the Child and the status of birth certificates.

, Christine Smyth

Casenotes

QCAT reprimands solicitor who dropped cocaine outside court

, Tony Keim

Casenotes

Solicitor to be removed from Roll for dishonesty

A Queensland solicitor is to be removed from the Roll for dishonestly applying more than $70,000 to her own use.

In practice

Document decision in harmony with Harman

Beynon v Blackledge [2020] QDC 286

, Liam O’Shaughnessy

In practice

Model Litigant Principles: More shield than sword

Malone on behalf of the Western Kangoulu People v State of Queensland [2020] FCA 1188

, Shane Budden

In practice

Misleading the court can be costly

Nelson v Warawita [2020] FCCA 3089

, Liam O’Shaughnessy

What's new in succession law

The observer effect – when does a court permit covert recordings in succession law matters?

A covert recording receives judicial scrutiny in a NSW family provision case.

, Christine Smyth

Casenotes

Property – no error in court’s refusal to disjoin corporate trustees of family trusts

E Pty Ltd and Ors & Zunino and Anor [2020] FamCAFC 216

, Robert Glade-Wright

Casenotes

Children – registrar’s refusal to file initiating application due to non-provision of a s60I certificate set aside

Valack & Valack (No.2) [2020] FCCA 1799

, Robert Glade-Wright

Casenotes

Property – bankrupt de facto partner precluded from making submissions as to existing equitable proprietary interest

Walford & Bantock and Anor [2020] FamCAFC 210

, Robert Glade-Wright

Casenotes

Property – husband fined $54,000 for buying $180,000 of cryptocurrency in breach of injunction

Lescosky & Durante [2020] FamCAFC 179

, Robert Glade-Wright

In practice

The flow-on effects of underpaid superannuation—payroll tax is payable

With some 24,000 employers coming forward during the recent unpaid/underpaid superannuation amnesty, now is the time for them to be proactive on potential related liabilities.

, Michael Patane, Catherine Nufer-Barr, Saxon Rose

In practice, Succession law

‘Till debt do us part

Do Centrelink debts die with you? Short answer–no.

, Brian Herd

In practice, Sponsored content

Revolutionising property transactions in the Sunshine State

In an increasingly competitive business environment, customer experience is fast becoming a key strategic focus for law firms across the country.

Latest

Perspectives

Mrs Chester’s lost child: Inconsolable psychological injury and Evatt J’s finest judgment

Casenotes

Former solicitor convicted of DV assault to be struck off

Casenotes

Consumer law and civil penalties – appeal from primary judge rejecting agreed penalty and imposing substantially higher penalty

Casenotes

Industrial law and practice and procedure – challenge to a report of a referee regarding causation under s545 of the Fair Work Act 2009

News

High Court answers conservative think tank query on foreign influence laws

News

Court disagrees with cyclist who says sun hat trumps helmet

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In practice

Native title – delegation of functions – delegation and agency – what’s the difference? Quite a lot according to Nettle and Edelman JJ

Property – treatment of deed of gift – majority of High Court reaffirms wide discretion of trial judge

Appeal – consent orders cannot be appealed on the merits – father sought to withdraw his consent

Children – medical procedures – gender dysphoria – adolescent found to be Gillick competent

Children – risk assessment at interim hearing – mother could not cope with cost of professional supervision

Admission of further evidence in a civil appeal

What’s in a name? Lost beneficiaries, birth certificates and human rights

QCAT reprimands solicitor who dropped cocaine outside court

Solicitor to be removed from Roll for dishonesty

Document decision in harmony with Harman

Model Litigant Principles: More shield than sword

Misleading the court can be costly

The observer effect – when does a court permit covert recordings in succession law matters?

Property – no error in court’s refusal to disjoin corporate trustees of family trusts

Children – registrar’s refusal to file initiating application due to non-provision of a s60I certificate set aside

Property – bankrupt de facto partner precluded from making submissions as to existing equitable proprietary interest

Property – husband fined $54,000 for buying $180,000 of cryptocurrency in breach of injunction

The flow-on effects of underpaid superannuation—payroll tax is payable

‘Till debt do us part

Revolutionising property transactions in the Sunshine State

Latest

Mrs Chester’s lost child: Inconsolable psychological injury and Evatt J’s finest judgment

Former solicitor convicted of DV assault to be struck off

Consumer law and civil penalties – appeal from primary judge rejecting agreed penalty and imposing substantially higher penalty

Industrial law and practice and procedure – challenge to a report of a referee regarding causation under s545 of the Fair Work Act 2009

High Court answers conservative think tank query on foreign influence laws

Court disagrees with cyclist who says sun hat trumps helmet

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We pay our respects to the Traditional Owners and keepers of this land and acknowledge all elders past, present and future.

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Highlights

The language of ability

Appointment of a single expert in the Supreme Court

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