16 06, 2020

Flexibility important to planning

2020-06-16T09:32:29+10:00June 16th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 13 June 2020. Larry has a child to his first marriage, Ken. Larry is now remarried to his second wife, Michelle. Larry makes a will appointing Ken and Michelle as his executors. He leaves his investment property to Ken and grants Michelle the right to reside in his home, in which they both live, for life. Ken then stands to receive Larry’s home when Michelle ceases to reside in the property. The rest of his estate is split equally between Ken and Michelle. When Larry dies at the age of 80, he has been married to Michelle [...]

9 06, 2020

The Digital Attorney

2020-06-09T14:36:14+10:00June 9th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 6 June 2020. Aliesha is an online lifestyle blogger who has found a lucrative niche within the alternative ecofriendly Vegan community. As a result, Aleisha’s new-found popularity on the social media platform Instagram is beginning to attract thousands of followers and make her quite a bit of money. Aleisha is concerned about what would happen to her beloved followers in the event that she lost the mental capacity to continue posting.  She already has a power of attorney and wonders if her attorney, her aging father Scott, would be the right person to continue with her social [...]

2 06, 2020

Family law claim on inheritance received after separation

2020-06-02T09:18:03+10:00June 2nd, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 30 May 2020. Nina and Harry have been in a relationship for 25 years. They have two teenage daughters. During their relationship, Harry worked as a labourer and Nina worked full-time before the children were born and then returned to part-time employment. Nina receives an inheritance of $500,000 from her parent’s estate. Nina and Harry live in Nina’s unencumbered home until their relationship breaks-down and they separate. Harry moves-out and Nina continues to reside in the matrimonial home with their daughters. […]

1 06, 2020

Did You Know: About the changes to the Workers Compensation Act?

2020-07-24T16:25:41+10:00June 1st, 2020|

Workers accessing benefits under the Workers Compensation Scheme would be familiar with their obligation to obtain certificates of capacity as a means of producing evidence on their capacity to work. Until recently, the Workers Compensation Act required certificates of capacity to be issued by workers’ nominated treating doctors. […]

1 06, 2020

Did You Know: The importance of Digital Estate Planning?

2020-06-01T16:24:10+10:00June 1st, 2020|

The age of the digital world is rapidly progressing, forcing us to confront previously unthought of and potentially uncomfortable situations.  Almost everyone has some form of online social presence. Most people however, give little thought to what happens to their social media presence when they die. […]

1 06, 2020

Did You Know: About the temporary changes to NSW Commercial and Retail leases?

2020-06-01T16:21:58+10:00June 1st, 2020|

On 24 April 2020, new legislation came into effect in NSW aimed at protecting eligible tenants under retail and commercial leases. Under the new Retail and Other Commercial Leases (COVID-19) Regulation 2020, between 24 April 2020 and 25 October 2020, if a tenant of a retail or commercial lease fails to pay rent, fails to pay outgoings (like rates, strata fees, etc), or is not open for business during the hours specified in the lease, the landlord cannot (among other things): […]

26 05, 2020

Mother asks Court to make Will for incapacitated daughter

2020-05-26T14:51:01+10:00May 26th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 23 May 2020. Amelia suffered brain damage at birth causing severe cognitive impairment and severe communication impairment. Amelia’s parents separated two years after her birth. They have since remarried and both have had two more children. Amelia’s mother, Carol was her primary carer during her childhood. Both of Carol’s children to her new partner have a loving relationship with Amelia. […]

8 05, 2020

Workplace Death Gives Rise to Death Benefits Claim

2020-05-08T16:34:06+10:00May 8th, 2020|

Hypothetical by Manny Wood published in the Coffs Coast Advocate on 2 May 2020. Caitlin and her de facto partner, Tom, were employed as job recruiters by their family company. They worked from home and had two dependent children. Unfortunately, Caitlin fell victim to paranoid delusions and was convinced that Tom was conspiring with another agency to take her clients and undermine her career. She also suspected him of spying on her and recording their conversations. […]

1 05, 2020

Did You Know: The Effects of COVID-19 on the Law?

2020-05-01T16:26:25+10:00May 1st, 2020|

Workplace Issues for Employers and Employees During the COVID-19 crisis, there have been a number of information releases directed to employers from public authorities. Unfortunately, in some circumstances, the recommendations made appeared to be contradictory. […]

1 05, 2020

Did You Know: The Effects of COVID-19 on the Law?

2020-05-01T16:11:16+10:00May 1st, 2020|

Personal Injury Law Workers’ Compensation In recent months, there has been an increased uptake in work-from-home arrangements resulting from the COVID-19 pandemic. This shift in work environments has raised concerns over whether the NSW Workers’ Compensation Scheme continues to cover workers who have sustained an injury at home during work hours. […]

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