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Servicing Young & Harden districts for over 40 years

Solicitors & Attorneys

Elder Law & Succession:  Allegation of Testamentary Fraud

The allegation of testamentary fraud is relatively rare and is the analysis of that issue which is dealt with in this note.

Home-made administration of home-made will

The executors transferred the Blacktown property to the three children because that is what they understood the deceased wanted. The children entered into a contract for sale of the property. Violet lodged a caveat and bought proceedings for the construction of the will. She argued that the will gave her the Blacktown property whilst the children argued that it conferred a lesser interest which she had abandoned.

Company directors personally liable for GST

Recent legislative reforms designed to tackle illegal phoenixing activity mean that if a company fails to meet its GST obligations when they arise, the company’s directors may be personally liable for the unpaid GST increasing the exposure of company directors. Phoenix activities refer to the practice of directors allowing one company to go into administration to avoid debt and shortly thereafter commence business using a new company.

Easements by Force

Easements By Force – When Will an Application to Court for an Easement be Successful? PUBLISHED JULY 2020 If a person is unable to negotiate an easement with their neighbor, section 88K of the Conveyancing Act 1919 (NSW) provides a mechanism to forcefully create an easement even against the neighbour’s wishes by application to the […]

The dangers of lending to loved ones

Given the costs associated with the acquisition of real estate in the current market, it is becoming common for parents to advance funds (unsecured) to their children in order to assist them in buying their first home.

Husband and Wife Ordered to Meet Bankrupt Company’s Employment Entitlements

Husband & Wife Ordered to Meet Bankrupt Company’s Employment Entitlements PUBLISHED MAY 2020 Liquidating a company won’t necessarily avoid husbands and wives from back-paying employees out of their own pockets. In FWO v Sinpek Pty Ltd (In Liquidation) & Ors [2020] FCCA 88, the national workplace regulator secured orders against a director and spouse to […]

NCAT Reinforces its Position on Pets in Strata Schemes

the NSW Civil and Administrative tribunal reaffirmed its position that a by-law which entirely bans pet ownership is “harsh, unconscionable and oppressive”

No Property Orders for Husband

Federal Circuit Court of Australia dismissed the husband’s application for property settlement in respect of a marriage where the parties lived together for 5.75 years and had a six year old child.

Family Law – Add-Back of Post Separation Proceeds

Husband’s appeal against an equal division made by a judge of the Federal Circuit Court of a $901,078 asset pool which included a notional $130,176 received by the husband from the sale of livestock over the previous five years

Family Provision Claims

A string of high-profile Australians – including former Prime Minister Bob Hawke, NSW Premier Neville Wran, and cricket icon Richie Benaud – have been the subject of Supreme Court stoushes about their messy estates. Such disputes can tear families apart.