The importance of being crystal clear
The High Court on 4 March 2015 handed down a unanimous judgment in the case of Korda v Australian Executor Trustees (SA) Limited. The case is important because it highlights the various factors that a…
News
De facto relationships: When does one exist?
Parties to a relationship may have differing views as to what stage their relationship is at and the level of commitment each party has towards their relationship. One party to a relationship may be content…
Make your opponent pay all your legal costs
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%…
Do not count your chickens before they hatch: Inheritance of Grandson overruled!
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…
Are final property orders made pursuant to section 79 of the Family Law Act final?
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…
Beware What You Promise Recent High Court Case Concerning Promises
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…
To record or not to record? Is the recording of private telephone conversations lawful?
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…
Coward Punch Laws
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….
Legal Professional Privilege When communications with your lawyer lose the protection of privilege
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….
Spousal Maintenance
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…