News & Blog

Legal perspectives from our expert lawyers

Latest insights

Clear filters
Estate Planning

When blood isn’t thicker than water: NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children’s share

The recent decision of McGuire bht McGuire v New South Wales Trustee and Guardian [2023] NSWSC 1013 provides helpful guidance on the eligibility of a de facto partner to receive a family provision order as well as the matters a Court considers when m...

Published by Andrew Lacey
6 October, 2023

To the letter: the Court’s approach when interpreting trust deeds

A recent decision in the Federal Court of Australia shows the importance of properly considering the particular wording used in a trust deed when exercising a power under it, and the adverse consequences that may flow if the rules of a trust are not ...

Published by Terry McCabe
18 November, 2020

Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113

The Full Court of the Federal Court found that the "ordinary and customary turnover of labour" exemption to redundancy pay in the National Employment Standards did not apply to a large service company which dismissed its employees when their...

Published by McCabes News
2 July, 2020

Relief for residential tenants: Understanding the new Residential Tenancies Amendment (COVID-19) Regulations

The NSW State Government has recently passed new regulations affecting residential tenancies. The Residential Tenancies Amendment (COVID-19) Regulation 2020 imposes restrictions on landlords' rights to evict tenants who are unable to pay ren...

Published by Foez Dewan
7 May, 2020

COVID-19: Financial Advisers and Accountants can now witness NSW statutory declarations

As reported in our earlier article, the NSW Government recently made new regulations in response to the COVID-19 pandemic to make it easier for documents to be witnessed and attested. As discussed in that article, the witnessing and attestation of do...

Published by Terry McCabe
28 April, 2020
Estate Planning

Lifestyles of the not so rich and famous – the Federal Court of Australia refuses Salim Mehajer’s bid to annul his bankruptcy

In a recent decision the Federal Court of Australia declined to annul a bankruptcy in circumstances where the bankrupt claimed the proceedings should have been adjourned given his incarceration and solvency at the time the order was made: Mehajer...

Published by Andrew Lacey
10 December, 2019
Estate Planning

Liquidators appeal at their own risk as to costs

Liquidators are encouraged to seek advice or directions from the Court as to the discharge of their responsibilities. But who bears the costs of such proceedings, of the liquidator and of any contradictor involved? In the recent decision of McDer...

Published by Foez Dewan
4 June, 2019
Estate Planning

Know your function! Receiver gets hammered by Court for acting outside scope

In the recent case of In the matter of Gondon Five Pty Limited and Cui Family Asset Management Pty Limited [2019] NSWSC 469, the New South Wales Supreme Court (Brereton J) considered the purpose and scope of an appointment as receiver to a c...

Published by Foez Dewan
21 May, 2019
Estate Planning

Liquidation – is it really the end for a company?

Ordinarily, a company entering liquidation is considered the commercial equivalent of “game over”, “checkmate”, “the end”, “K.O” or whatever other synonyms creditors can conjure up. This would be true for the most part because, at the end of the liqu...

Published by Andrew Lacey
20 June, 2018

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
e.g. legal insights, firm news, divisional updates, etc