31 08, 2021

Did You Know: About the legalities of verbal agreements with family members?

2021-09-17T12:23:49+10:00August 31st, 2021|

When you make a verbal agreement with a family member, is the agreement binding? Verbal agreements come in all shapes and sizes ranging from “I will mow the lawn if you wash the car”, or “I will give you pocket money if you do your chores”; to the more complex agreements like “I will pay for the plane tickets, but you need to pay me back”, or “I will give you the deposit to buy a house, but the money will be taken out of your inheritance”. Verbal agreements can be enforceable under contract law. To be binding, a verbal agreement has to have the following [...]

31 08, 2021

Did You Know: That Courts don’t like Ouija boards?

2021-09-17T12:23:05+10:00August 31st, 2021|

In 1994, Stephen Young was being tried for the brutal murder of Harry and Nicola Fuller. The night before the verdict was to be given, four members of the jury made a make-shift Ouija board out of a sheet of paper and wine glass. They made contact with Harry’s spirit and asked who’d killed him. The wine glass began to move slowly to “Stephen Young done it”. One jury member, who was aware of this séance but did not participate, reported it to the Court. Concerned with the prejudicial effect that the jurors’ actions may have had on the verdict, a retrial was ordered. Stephen Young [...]

7 05, 2021

Vendor claim for delayed settlement

2021-05-07T15:28:02+10:00May 7th, 2021|

Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 7 May 2021. Joel wants a “sea change” and after finding his dream house, begins negotiations with the owner, Kathryn. Joel has a lot to organise before he moves, so he asks Kathryn if she would be agreeable to a settlement period of 65 days. Kathryn really wanted a fast settlement, but reluctantly agrees and the contract is signed. In the meantime, circumstances change for Joel and he informs Kathryn that he can settle on day 40, being 25 days ahead of the agreed settlement date. Kathryn is happy that settlement will occur [...]

24 07, 2020

$300,000 De Facto Claim

2020-07-24T09:50:34+10:00July 24th, 2020|

Hypothetical by Manny Wood published on 25 July 2020. After separating from his wife, Peter commences a relationship with Mary in 2006. Mary has few assets and is 25 years his junior. They keep their finances separate. Peter pays the rent and they share the other expenses. Mary undertakes all of the household cleaning and cooking. Mary has a poor relationship with Peter’s three children from his previous relationship. Mary’s three children move-in with Peter. After Peter’s property settlement with his ex-wife is finalised, he purchases a property for $700,000 and Mary and her children move-in with him. In 2016, Peter and Mary enter into a Binding [...]

21 07, 2020

Husband Sues Hospital for Nervous Shock Arising from Wife’s Death

2020-07-21T10:14:18+10:00July 21st, 2020|

Hypothetical by Manny Wood published on 18 July 2020. In February 2019, Laura was admitted to hospital for abdominal pain, vomiting and diarrhoea. Upon admission, she underwent blood tests and a CT scan of her abdomen which lead to a diagnosis of Crohn’s disease. She was discharged later that afternoon. Three months later, she was re-admitted due to experiencing an exacerbation of symptoms. She was treated with intravenous fluids and transferred to the general ward. Whilst in the general ward, her family raised concerns with the nursing staff about her ongoing pain. Laura was assessed by the medical emergency team and diagnosed with severe dehydration, a mild [...]

16 07, 2020

Doctor Sued for Negligently Causing Unwanted Pregnancy

2020-07-16T15:58:42+10:00July 16th, 2020|

Hypothetical by Manny Wood published on 11 July 2020. In 2018, Denise sought the help of Dr Thompson to become pregnant through IVF. During their initial consultation, Denise advised the Doctor that she did not want a twin pregnancy. Dr Thompson stressed that unless he transferred two embryos, the chance of falling pregnant would be very low. Denise accepted that risk and instructed the Doctor to transfer one embryo only. It was ordinary protocol for IVF patients to instruct the clinic’s embryologist, as well as their Doctor, about the number of embryos they wished to be transferred. The three parties would then have a conference confirming [...]

30 06, 2020

Did You Know: Your friend could make a claim on your estate?

2020-11-19T15:45:11+10:00June 30th, 2020|

Persons with whom you have a “close personal relationship” are eligible to make a claim against your estate if they do not receive proper and adequate provision under your will. This type of claim is known as a family provision claim. Most of you would be aware that spouses (including de facto spouses), children and dependents can make a claim of this nature against her estate, but are probably not aware that an adult who is not related by family can also make a claim. […]

30 06, 2020

Did You Know: Injured motorists can now use the Online Dispute Resolution Service Portal?

2020-06-30T14:02:55+10:00June 30th, 2020|

In NSW, disputes between insurers and injured motorists concerning their statutory benefits are resolved by the Dispute Resolution Service (“DRS”). DRS applications are typically prepared by solicitors on their clients’ behalf, meaning that individuals are reliant on their legal representatives for guidance and clarity on the process. […]

30 06, 2020

A fond farewell to the paper paper

2020-06-30T10:03:53+10:00June 30th, 2020|

Published in the Coffs Coast Advocate on 27 June 2020. It is with a sense of sadness that after 329 columns, I write the last Hypothetical that will be published in a physical version of the Saturday Advocate. I want to take this opportunity to thank the Advocate’s staff for allowing me to contribute for almost seven years. I also want to thank the readers for their support and suggestions. If I had not received the positive feedback that I have over the years, I would not have taken the time to write the column every week. […]

23 06, 2020

Protecting your estate from relationship break-down

2021-04-27T16:25:17+10:00June 23rd, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 20 June 2020. As a successful businesswoman, Sally has built up an impressive portfolio worth around $1.5 million.  Sally books an appointment to make a will and tells her solicitor that she would like to split her estate equally between her two children. Sally also mentions that she is concerned about her eldest son, Jim who has been married to Jill for three years, but that the relationship “is looking quite rocky”.  Sally is worried that if Jim and Jill were to separate after Sally died, Jill could make a claim on Jim’s inheritance. Her solicitor suggests [...]

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