Knowledge

The recent decision of Estate of the late James Sundell [2019] NSWSC 1108 highlights the issues and complexities that surround making handwritten amendments to a Will after it has already been signed.

When a company is first set up, usually its purpose and subsequent structure is clear. Over time, the business grows, and the company may outgrow its current structure, or in the alternative, the business may find itself in financial strife and so the structure of the company may need to be reconsidered.

It is not uncommon for a spouse to accumulate debt following separation. If your spouse is partying it up, spending money on extravagant items, selling investments and increasing their credit card debt, it can make the family law property settlement problematic. This is because all assets and liabilities are included in the pool that is to be divided between the parties, and the value is at the current value, not the value at separation. What can be done about debts incurred post separation?

It is quite common in civil litigation proceedings for the Defendant or Plaintiff to be located in another state. The person you are intending to sue may live interstate or their registered office may be interstate. Either way, there are a number of things to think about if you intend to sue someone who is not in the same state as you.

One of the primary considerations when determining what is in a child’s best interests is “the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence”: Family Law Act 1975 (Cth) (‘FLA’) s 60CC. This consideration is given greater weight than the benefit to the child of having a meaningful relationship with both parents.

If you are concerned that a Will was signed in suspicious conditions, you are able to challenge it. The NSW Court of Appeal in its recent decision of Mekhail v Hana; Mekail v Hana [1] had reason to consider this question and identified the major legal principles to be considered for a suspicious Will.

In the decision of Mondalez v AMWU [2019] FCAFC 138 handed down 21st August 2019, the Court has fundamentally changed the way many Australian employees are entitled to accrue sick leave. 

James Frank recently spoke at a Sydney Hills Business lunch on how the Internet has changed the business game. The following article is a summary of what he spoke about.

When a person who owes you money becomes bankrupt, it may become a lot more difficult for you to recover your debt. A trustee (being a person or entity) steps in to manage the bankrupt’s affairs. The trustee works with the bankrupt individual and the bankrupt’s creditors to achieve a fair outcome for all. While the trustee will endeavour to ensure all creditors receive due payment for the amounts owing to them, creditors may have to commercially accept ‘cents in the dollar’ to ensure they receive some payment for their debt.

If you decide to commence court proceedings to sue a debtor for an amount they owe to you, the first step is to draft and serve your originating process. ‘Originating process’ are the documents used to commence legal proceedings and to notify the defendant of the case against them. This usually takes the form of a Summons or Statement of Claim, which must be served personally on the debtor to ensure they are aware of the proceedings. The court will not hear the case until they are satisfied that the defendant is aware of the proceedings and that the documents have been personally served.