19 12, 2019

Santa and the Subordinate Clause

2019-12-19T08:31:19+10:00December 19th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 21 December 2019. Santa is looking to reduce the costs of his international operations, so in April 2019 he opens a toy manufacturing factory at an undisclosed location in Australia, which will service the Southern Hemisphere. A team of Santa’s Elves are relocated to Australia to operate the new factory and Santa hires an accounting firm, Krampus and Associates, to deal with payroll. […]

18 12, 2019

Santa Hits a Road Bump: Expect Delays

2019-12-18T11:37:40+10:00December 18th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 14 December 2019. On 11 December 2019, Santa was performing his annual pre-Christmas present delivery rehearsal. At approximately 2 AM, he was riding his sled over New South Wales, when his lead reindeer, Rudolph, got startled by a flock of migrating Hawk-cuckoos. […]

18 12, 2019

Alleged undue influence and million-dollar misappropriation

2019-12-18T10:49:03+10:00December 18th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 7 December 2019. Tom, aged 80, sells his home for $4 million. Tom’s wife passed-away several years ago and his son, Stephen has been managing Tom’s financial affairs. When Tom’s daughter, Elizabeth discovers that the proceeds of sale were subject to the repayment of a $2 million “reverse mortgage” she becomes concerned about her brother’s conduct. […]

11 12, 2019

Pub’s Duty of Care to Intoxicated Patrons

2019-12-11T16:25:13+10:00December 11th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 30 November 2019. On Melbourne Cup day in 2015, Sarah spent the day celebrating and drinking with her friends at her local pub. By about 3pm, Sarah was so intoxicated that she was refused service at the bar. Despite her embarrassment, Sarah remained on the premises until about 5pm that evening. The pub offered to call Sarah a taxi and gives her the option to use the pub’s courtesy bus. However, Sarah declined the pub’s offer and told them her friend would drive her home. At approximately 5:15 pm, Sarah walked out of the pub and proceeded [...]

3 12, 2019

Did You Know: There are time limits for making a common law damages claim for motor vehicle accidents?

2019-12-03T12:17:22+10:00December 3rd, 2019|

If you have been involved in a motor vehicle accident, it is important to be aware of the relevant time limitations associated with lodging a claim for common law damages. A claim for common law damages is a claim for pain and suffering (otherwise referred to as non-economic loss), and economic loss, outside of the initial statutory benefits phase of the NSW CTP scheme. […]

21 11, 2019

Tribunal reviews alleged misuse of financial management order

2019-11-21T10:13:09+10:00November 21st, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 16 November 2019. Carol is 90 years old. She resides in a nursing home and has dementia. Five years ago, Carol’s daughter, Elizabeth was appointed by the Guardianship Tribunal as Carol’s financial manager. […]

14 11, 2019

Court seeks balance in attack on charities

2019-11-14T14:37:54+10:00November 14th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 9 November 2019. Doctor Scott dies by his own hand, leaving $100,000 to his son, Tim and leaves the rest of his $2 million estate to two charities. CharityOne provides funding for medical research and CharityTwo provides aeromedical care. Dr Scott donated to these charities during his lifetime. Tim described his relationship with his late father as “a poor one in many respects”. […]

8 11, 2019

Video evidence in de facto claim

2019-11-08T10:16:34+10:00November 8th, 2019|

Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 2 November 2019. Larry and Diana are married and have three children. They make wills leaving everything to each other. Larry and Diana separate several years later. They divide their matrimonial property and enter into a formal agreement under the Family Law Act but they never proceed with a divorce. […]

1 11, 2019

Did You Know: You have 12 months to claim provision under a will?

2019-11-01T12:36:21+10:00November 1st, 2019|

If you are eligible to challenge a will on the basis that you do not receive adequate provision, the limitation provisions state that you must commence action before the expiry of 12 months after the date of death. This time period can expire quickly during periods of grief and times of tensions within a family. […]

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