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Generally, an unsuccessful party who commences or contests litigation generally pays the successful party's costs. When a claim is made against an estate there can be significant money expended which would otherwise flow to beneficiaries. When making wills or when administrating an estate every care should be taken to prevent estate assets being consumed in legal disputes. Recent decisions handed down by the Supreme Court [...]
We are proud to announce the Admission to Practice of four lawyers within our staff, all of whom have worked with us as law clerks and proven themselves as a valuable part of our expanding team of 22 Lawyers working in our Sydney and South coast offices. Congratulations to Rachael McKenzie who is practicing in our Family Law Team and Estate Division, Tristan Croft who [...]
Recently, we have become aware that lenders are undertaking repeat employment checks on borrowers prior to advancing the funds for a property settlement. These status checks are now being carried out up to the date of settlement. There are significant changes being experienced by people all over the world due to the current pandemic, and one of the most significant of these can relate to [...]
Online platforms can play a major role in how businesses are viewed by the general public. Reviews and statements posted on these online platforms can have an important role in shaping the views and opinions of both current and prospective customers. Businesses can take a huge hit if poor reviews or defamatory statements are being posted online regarding its services or products. Because of the [...]
Further to our previous updates on the commercial leasing measures which the NSW Government has been implementing in response to the COVID-19 pandemic, the NSW Government has now provided further relief in the form of a $440 million package to relieve the land tax obligations for both residential and commercial properties. In summary, the package allows landlords to claim a 25% reduction in land tax [...]
The NSW Government has now passed the Regulation necessary to give legal effect to the Commercial Leasing Code of Conduct which was announced by the Federal Government in early April. New South Wales is the first state to enact the required legislative framework. The new Regulation applies to both retail and commercial Leases in NSW and, as foreshadowed, only applies to those tenants who are [...]
Tenants and landlords across the country are now negotiating the relevant changes to their arrangements following the release of the Commercial Leasing Code of Conduct. However, there is still some confusion about how the Code should be applied. Once a business is eligible for the JobKeeper program, the Code will apply and both parties will be required to negotiate a temporary rent reduction arrangement in [...]
To address the extraordinary circumstances faced by the Covid-19 pandemic, the NSW Government has introduced temporary measures to allow the witnessing of legal documents remotely. Video conferencing technology like Skype, WhatsApp, FaceTime and Zoom can now be used in the witnessing of important legal documents like wills, powers of attorney and statutory declarations under a new regulation made this morning by the Governor. Attorney General [...]
In a bid to ease the pressures being faced by residential Landlords and Tenants in the unfolding COVID-19 crisis, the NSW Government has passed a number of measures. For residential tenants in NSW, perhaps the most significant measure is a new amendment to the Residential Tenancies Act introducing the concept of a '6-month moratorium' for residential tenancies. For a period of 60 days, commencing 15 [...]
If you are contemplating separation or have separated, COVID-19 has not put a stop to your right to pursue a family law property settlement or implement parenting arrangements. Isolation in a place of hostility can be more than uncomfortable, it can be dangerous. If you or someone you know is at risk from family violence there are free resources immediately available to you for urgent [...]
