In this case, the Supreme Court of NSW found that an informal, handwritten, and unwitnessed Will ought to be admitted to probate over a previous formal Will. Facts In September 2022, Brendan Oakley Graham Smith (“the Deceased”), tragically took his own life. At the time of his...
Sale of replica GT Falcon found to breach of term of contract and implied term as sale by description. In the above case the Defendant advertised for sale on FB Marketplace a “Ford Falcon XY GT”. The compliance plate matched the VIN and belonged to a...
Technology plays an integral part in our daily lives; it is safe to say that many of us couldn’t function without our smart phones and computers. But without the software that operates that high-tech hardware, the ubiquitous smart phone would be nothing more than a...
Lenders are subject to a wide range of regulatory requirements, including obligations owed to small business borrowers and consumers under the Australian Securities and Investment Commission Act. The Treasury Laws Amendments (More Competition, Better Prices) Bill 2023 takes effect from 10 November 2023 and seeks...
Trying to break into the property market as a young Australian has never been more challenging. With house prices raising to unprecedented amounts, stamp duty, deposits, and other up-front payments all prove significant barriers in ascertaining home ownership. The NSW Government assented to the Property Tax...
This case is of interest as it demonstrates the circumstances in which an adult child can be successful in claiming additional provision from an estate. Facts The Plaintiff sought orders against the estate of her father to make provision for her proper maintenance. The youngest child of...
In this case, the High Court found that Google is not responsible for publishing defamatory material which a member of the public locates using the Google search engine. Facts George Defteros was a solicitor practising criminal law. During his career, Mr Defteros acted for individuals connected with...
This case is a rare example of the application of s 232 of the Corporations Act 2001 (Cth) (“the Act”) of oppression of a majority shareholder by a minority shareholder, who is also a director, and breach of fiduciary duties by a director representing the...
This case illustrates that a de facto relationship can continue until the time of death, notwithstanding periods of separation and the fact that a physical relationship had ceased many years earlier (thus permitting a claim on a deceased estate for additional provision). Facts Ms Wei (Rose) Sun...
This case is of interest because it is an illustration of the attempt to avoid liability for misleading or deceptive conduct by way of a disclaimer. The case concerns a valuation of land which had been negligently prepared. Facts City Pacific Ltd entered into a transaction...