Ademption is the legal term used to describe the circumstances where a gift of specific property bequeathed under a will fails because it no longer belongs to testator or testatrix (i.e. the maker of the will) at the time of their death.
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...
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 ...
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...
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...
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...
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...
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...
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...