Bank Acts to Prevent Elder Abuse
The customer opened a Westpac bank account and added the complainant as a signatory. Four years later, in July 2019, the customer and complainant ordered $100,000 in cash. A few days later, the customer was admitted to hospital. The bank refused to deliver the cash to the complainant. In August 2019, the complainant made a…
Harsh, Unconscionable, Oppressive: Angus has the last bark on strata by-law
The Coopers and Angus, their miniature schnauzer, live in a 43-storey strata scheme in Darlinghurst, Sydney. The scheme’s by-laws relevantly stated ‘an owner or occupier of a Lot must not keep or permit any animal to be on a Lot or on the Common Property’
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…
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…
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 personally…
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