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Awarding Costs in Litigation
Litigation can be both a time consuming and costly exercise. In some legal disputes, you might end up being liable for not only your own legal costs but also the costs of the opposing party. As such, it is important to understand the possible cost consequences of...
A Widow Contesting a Will
Australian jurisdictions provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education, and advancement in life. In New South Wales, an eligible...
Settling Legal Disputes – Calderbank Letters & Offers of Compromise
Costs in legal disputes can quickly escalate. There is benefit in all parties seeking to compromise their differences, rather than agitate their dispute through the Court system. The Courts recognise a number of initiatives which promote early settlement of claims. In...
Buying and selling a property at the same time
Buying or selling property is widely accepted as one of life’s major stress factors. When you buy and sell property at the same time and try to complete both transactions together this can add considerably to the stress levels. This is known as a simultaneous...
Traps to avoid in Commercial Leases
Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease. Some commercial leases are classified as ‘retail’...
Alternative Dispute Resolution Explained
Litigation can be a costly and time consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) and their respective benefits and...
Have you been terminated? Understanding unfair dismissal claims
Most employer/employee relationships are now governed by the Fair Work Act 2009 (Cth) which sets out minimum standards of employment and provides protection for employees against unfair or unlawful dismissal. If you believe you have been unfairly or harshly treated in...
Co-ownership property disputes
A co-owner is a person who owns land with one or more other owners. Co-owners may hold land as joint tenants or tenants in common. The way land is held is important in property law as it impacts on the way it can be dealt with generally, and what happens after the...
Why everyone needs a Power of Attorney
Most people over 18 years of age should consider having a Power of Attorney in place. A Power of Attorney is a legal document made by a person (known as the principal) that authorises one or more others, on behalf of the principal, to do anything the principal can...
Review your discretionary trust to avoid foreign surcharges on land acquisitions and holdings
A feature of a discretionary trust is its flexibility to distribute income and capital to a range (or class) of beneficiaries. To achieve these goals, trust deeds have traditionally been drafted to include a wide range of beneficiaries and potential beneficiaries. In...