An important part of running Court cases is maximising the chances of your opponent paying your legal costs. Recovery of legal costs A successful party to litigation, in NSW, generally only recovers, at best, 60%…
A man who won an inheritance from a Supreme Court of NSW judge has had the same inheritance taken away from him by the NSW Court of Appeal. Robert Wilcox was left out of his…
The general principle adopted by a Court exercising jurisdiction under the Family Law Act (the Act) when finalising property matters between parties to a marriage is that an order made pursuant to s.79 of the…
The recent High Court of Australia case of Sidhu v Van Dyke [2014] HCA 19 deals with the issue of who carries the onus of proof in assessing whether reliance was made on representations to…
You have just hung up the phone after speaking with your former wife/husband about an issue concerning the children. You may have said some things that were inappropriate during that telephone conversation. The telephone conversation…
The NSW government has introduced into parliament new laws in response to lethal punches which have taken place in Sydney’s CBD and King’s Cross areas, in an attempt to curb drug and alcohol fuelled violence….
When obtaining legal advice from your lawyer, the general rule is that communications between a client and their lawyer are the subject of legal professional privilege (Privilege) and are protected from any obligation of disclosure….
It is fairly common in relationships for a party to be the primary breadwinner and be responsible for providing financial support to the other party and/or to the children. In extreme cases the financially dependent…
The law has recently changed requiring witnesses to certify the identity of a person who swears or affirms an affidavit. The Court forms for affidavits have also changed. The changes came into effect on 30…
If you spend days, weeks or months negotiating a deal, and the deal is subsequently reduced to writing and signed, are the negotiations which took place prior to the agreement being signed relevant in determining…