News
What happens when a contract is breached?
Contracts are a common tool used throughout our lives to create legal relationships between parties to define what actions people will take. If you have entered a contract with another party, you are obligated to abide by the terms and conditions of the contract. Any...
Wehbe v Giotopoulos
Shad Partners recently acted for a Defendant in NSW Supreme Court proceedings challenging the validity of a Will. In summary, the facts of the case were that: The late Wadad Wehbe (“the Deceased”) passed away on 10 February 2021. The Deceased was survived by her 5...
Heads of Agreement – key terms and considerations
A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or...
A divorced spouse and a Will contest
All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator. If a family provision claim is successful, the Court can order an appropriate adjustment to...
Succession Planning for Business Owners
As a business owner, you deal with many responsibilities, including having to decide what to do with your business when you move on. Sometimes the logical endgame for a business is to be wound up, but in most cases, the aim is a smooth transition to new ownership....
New laws for Short-Term Rental Accommodation NSW
The New South Wales Government has introduced a statewide regulatory framework for short-term rental accommodation, titled State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-Term Rental Accommodation) 2021 (STRA). The framework regulates...
Is a testamentary trust right for you?
One of the most loving things that you can do for your family is make plans for what happens after you die. This is particularly important if you have children or vulnerable adults who depend on you financially. A testamentary trust might be the right tool to help you...
First Home Buyers Choice NSW – stamp duty v land tax
For most people, buying their first home is a huge challenge, both financially and personally. With the cost of the “average” home in New South Wales exceeding a million dollars, saving a 20% deposit is itself a substantial undertaking, usually requiring years of...
Ensure the Will is up to date before a loved one loses capacity
The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make...
Options to renew in commercial leases – don’t get caught out!
An option clause is a term in a commercial lease that allows a tenant to renew their lease at the end of the original lease period, if they meet certain conditions. Landlords are not obliged to offer a renewal option. However, it is often in the interests of both...