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Bankruptcy & Inheritances
Assets inherited by a bankrupt are not protected from bankruptcy. The courts have confirmed that by virtue of s58 of the Bankruptcy Act (“the Act”), a bankrupt’s interest in a deceased estate is an interest that vests in the trustee in bankruptcy as after acquired property. A bankrupt beneficiary named in the will of a…
Powers of Attorney: Conditions and Limitations
The new form of Power of Attorney provides for Additional Powers and Conditions and Limitations. These areas allow for the expansion of what the attorney may do or alternatively provide restrictions of the attorney’s authority. Any power that you grant to your attorney will be interpreted strictly. For instance if you grant to your attorney…
Demerit Point Reduction Trial
The existing system for demerit points allows that after a period of 3 years any demerit points will no longer remain active against a person’s licence (i.e. these points will no longer count towards a suspension on the licence)
Onus & Burden of Proof
In a criminal trial, the burden of proof of guilt of the accused is placed on the Crown. That onus rests upon the Crown in respect of every element of the charges. There is no onus of proof on the accused at all. It is not for the accused to prove his innocence, but for…
Neighbourhood Nuisance: Tree Disputes with Neighbours
When a neighbour extends an olive branch it is usually a sign of peace and harmony, but when the branch extends over your fence and drops leaves, seed pods, fruits, or flowers into your backyard swimming pool it becomes a source of neighbourly annoyance.
Using a Mobile Phone While Driving
Did you know that drivers in NSW can be penalised if a passenger is using a mobile phone in a way that could distract the driver According to the Road Rules 2014, a driver must not drive a vehicle that has a television receiver or visual display unit operating while the vehicle is moving that…
Life Estates
A testator may gift an interest in property, including real estate, in various ways. Apart from an absolute gift, the testator may give a life estate or a personal licence allowing the beneficiary merely to reside in the property.
A Substantial Fixtures Dispute with Revenue Implications
Whether an item has become a fixture depends essentially upon the objective intention with which the item was put in place. The two considerations which are commonly regarded as relevant to determining the intention with which the item has been fixed to the land are first the degree of annexation, and secondly, the object of…