Knowledge

In an ageing and growing population with life expectancy increasing, it is becoming more and more crucial to test someone's decision-making capacity in the making of Wills. The foundational test for testamentary capacity is found in the case of Banks v Goodfellow (1870) LR 5 QB 549 which is a case from 150 years ago. In light of recent trends in the population and aged care living, it is essential to review whether the test set out in this case is still applicable, or whether a new test for capacity is needed to meet the current circumstances.

Some people may worry that when they enter into a relationship they will be classified as de facto, which in turn has an impact on whether they may be exposed to a claim for a property settlement or maintenance upon the breakdown of a relationship.

When confronted with a potential litigation there are usually 2 responses:

Purchasing a property is a very big investment so Purchasers should do their due diligence prior to signing the Contract for Sale (“Contract”) and also during the purchase process.

In the last week there has been a significant decision that has come as a major shock to employers of casual employees. In the case of Workpac v Rosatto, the Full Bench of the Federal Court of Justices Mordy Bromberg, Richard White and Michael Wheelahan found that even though Mr Rossato was on paper a casual employee, the evidence suggests that his employment was 'regular, certain, continuing, constant and predictable', and he was given rostered shifts well in advance, and as such, he was eligible to entitlements that full time employees receive.

There are many issues which could arise when entering into a sale or to purchase a Contract for Sale. It is critical for individuals and companies to seek legal advice before entering into a Contract for Sale to avoid certain issues.

Last week, Parliament passed legislation making changes to the Fair Work Act 2009 to accommodate the JobKeeper wage subsidy announced the week before.

On 17 February 2020 the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 received royal ascent.

Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.

The legal work involved in preparing a sales contract, mortgage or other property related documents, is called conveyancing. While you can do your own conveyancing, most people engage a licensed conveyancer or solicitor to simplify the process.