Testamentary capacity is defined as the mental capacity of a testator while executing their will. A case, (Banks v Goodfellow (1870) LR 5 QB 549) affirmed by multiple Australian authorities including the New South Wales Court of Appeal in (Mekhail v Hana [2019] NSWCA 197) sets out the following as a test of testamentary capacity. […]
Read MoreThere are several different types of retirement village arrangements which vary in the degree of occupancy and ownership. Accordingly, this gives rise to different contractual rights and obligations depending upon the specific retirement village arrangement you may have with the village operator. It is important to consider the different types of retirement village arrangements to […]
Read MoreNo, it’s not always necessary to have a solicitor act for you when entering into a Retirement Village (RV). However there are some reasons why having a solicitor act for you is highly advisable: Often you might be selling your home, your most valuable asset, at the same time as signing into a retirement village. […]
Read MoreNew Strata Law legislation and associated regulations became effective in NSW on 30 November 2016. All Strata Schemes are affected in one way or another. If you are a tenant or owner you should spend some time reading about the changes. NSW Fair Trading has compiled some easy to read material including dedicated websites and other […]
Read MoreTwo-lot strata schemes face their own unique challenges in contrast to larger strata schemes. This is because two-lot strata schemes only involve two owners whereas larger strata schemes could involve 10, 20, 50 or over 100 lot owners in a particular strata scheme. For this reason, special provisions apply to living in a two-lot strata […]
Read MoreWhile the strict legal answer to this question is relatively simple, practicalities and the circumstances of the situation sometimes means that enforcement of a by-law is challenging. If a party simply wants to act unlawfully, ‘encouraging’ that party to behave according to the law may require steely determination on the part of the aggrieved persons including […]
Read MoreThe various court fees in NSW court matters can be located in Schedule 1 of the Civil Procedure Regulations 2017 (NSW).
Read MoreThe costs that can be recovered as Solitors Fees and other costs as part of a Statement of Claim can be found in Schedule 1 of the Legal Profession Uniform Law Application Regulation 2015.
Read MoreCareful attention needs to be taken to the nature of the offence(s) charged. Section 179 of the Criminal Procedure Act 1986 (NSW) provides that proceedings for a summary offence must be commenced within 6 months from when the offence was alleged to have occurred. If your charge falls within that category (and aren’t subject to […]
Read MoreThe rules for when personal service is or is not required are set out at in rule 10.20 Uniform Civil Procedure Rules 2005 (NSW). The situation depends on the type of document and the level or type of court the proceedings are in. The rule makes provision relevant to originating processes, garnishee orders and orders for […]
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