This article was published in this month's edition of the Law Society Journal of NSW. Three lawyers walk into a bar. Allan, Barry and Charlie. It’s Friday, they’re good mates, they’ve all had a bad week, and they want to share the pain.Allan goes first. Continue Reading..
Possession of land can give ownership. By being in occupation of someone else’s land for a specified amount of time you can acquire a right of ownership in the land. This can happen in accordance with legal rule known as adverse possession. This rule is used to prevent someone who has used land for a long period of time, believing it to be theirs and probably improving it, from being ejected by someone who discovers a technical defect relating to the land ownership or boundaries. Continue Reading..
You act for Robert who is the executor of his late wife Maggie’s estate, along with Maggie’s three children. Robert brings in the original will which was prepared by another solicitor in 1998.You are surprised when reviewing the will that Robert was not left anything, instead all of Maggie’s estate went to her three children. However Robert explains that Maggie had been married previously and the three children were to her first husband, and that although they had been married for twenty years, they had always kept their finances separate.Maggie and Robert owned a half share each in a unit and a house as tenants in common. Continue Reading..
After the birth of a child into any family, celebrations occur. The members of the extended family picture what the newborn will look like and wonder what they will achieve during their lifetime. The only disputes that normally occur are between relatives wanting to nurse the baby or which side of the family the newborn takes after. Any new parent should be aware that future disputes can occur should both parents die without a Will in place appointing a guardian of their minor children. Continue Reading..
Did you or your client have a security interest automatically migrated to the personal property security register in 2012? Continue Reading..
Knowing the business of your business
If you’re thinking about starting a business, it is vital to give sound thought to the type of legal structure you need. To better understand the differences between each business structure, we have briefly summarised some options below. Sole Trader Continue Reading..
It is not something necessarily at the top of our list when you are excitedly planning a wedding or sadly contemplating divorce, but it is very important that when you start or end a significant relationship that you review and, if necessary, update your Will. When you marry, your Will is revoked, unless the Will was made in contemplation of that marriage. However, gifts in your Will made prior to the marriage are not revoked if they were made to the person to whom you are married at the time of your death. When you divorce, any gift to a former spouse is revoked, along with any appointment as executor or trustee. Continue Reading..
This article was published in this month's edition of the Law Society Journal of NSW. Your clients Betty and Bruce recently called to say that their self managed superannuation fund was selling a residential property and to request that you prepare a contract for them. They told you that their superannuation fund bought some vacant land a couple of years ago on which it built a house to be rented out as a long-term income earning investment. However, after the house was completed, but before it was rented, they received an offer that was too good to refuse and have therefore agreed to sell. Continue Reading..
Guarantees signed by electronic signature are not always binding The judgment of the 2015 case of Crocker v Williams Group Australia in the NSW Supreme Court was appealed to the Full Court. Just recently the decision handed down by the Full Court highlights significant issues that may arise when entering contracts and guarantees using electronic signatures. Williams Group Australia agreed to supply building materials to a company, ITH Modular Pty Ltd. Mr Crocker was one of the three directors of ITH. The credit application was signed by each director and there was also an ‘all monies’ guarantee which required the signatures of the three directors in their capacity as guarantors. Continue Reading..