Knowledge

An area of law of specific focus in respect of costs orders is family provision matters, commonly known as ‘estate disputes’. Section 99 of the Succession Act 2006 (NSW) states that the court may order the costs of proceedings in relation to a deceased’s estate to be paid out of the estate “in such manner as the Court thinks fit”. This grants the court wide discretion in respect of the costs orders it may make in interlocutory matters and the overall proceedings.

Upon separation, a party will often feel disgruntlement or dissatisfaction with the other party and wish to retain all they brought into the relationship. This is even more so the case with inheritances received after separation.

The Family Law courts, under s79 of the Family Law Act 1975 (Cth) (“the Act”), have the power to alter the interests of parties to a marriage or de facto relationship when it is just and equitable to do so. As far as practicable, the Court aims to make orders for property settlement that will determine the financial relationship between the parties on a final basis.

Whether you are a netball, NRL or AFL fan, this time of year is full of legendary weeks of grand finals. Watching Richmond smash our local GWS team to win the AFL grand final and witnessing the Roosters win the NRL competition, one couldn’t help but admiring the skills, fitness and talents of the players to perform at the highest levels of their chosen sports.

One of the most seminal decisions in bankruptcy law is the High Court decision of The Trustee of the Property of John Daniel Cummins, A Banklrupt v Cummins (2006) [2006] HCA 6. 

In civil litigation, costs orders are where the court orders that one party pays another party’s legal costs. Costs orders can be made during or after court proceedings and may relate to the whole proceedings or a particular part of the proceedings. Costs orders are also assessed entirely at the court’s discretion depending on the facts of the case and the conduct of the parties.

Last week Frank Law presented a seminar entitled: Firing the ‘Unfireable’: How to dismiss someone and not get sued.

Compulsory retirement is when an employer forces an employee into retirement by either;

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.