by Cameron Shaw | Sep 26, 2022
Mutual wills can play an important part in testamentary planning if there is no other reasonable alternative. Birtles and Neal in Hutley’s Australian Wills Precedents (8th ed, 2014) advise simply: “Avoid them.” The reason is that a mutual will...
by Telemon Admin | Feb 5, 2021
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...
by Cameron Shaw | Nov 25, 2020
NO An agent does not have a duty to disclose the existence of an AVO between a tenant and a neighbour. However, if asked about the AVO the agent cannot make misleading representations about relations between yourself and the neighbour. Pursuant to section 52 of the...
by Cameron Shaw | Nov 25, 2020
Generally, an employer is NOT allowed to deduct from an employee’s wages unless they are authorised by the employee, the modern award or by a Commonwealth law. The deductions that are allowed are specified under section 324 of the Fair Work Act 2009 (Cth) (‘the Act’)....
by Cameron Shaw | Oct 26, 2020
NOT FOR A RETAIL LEASE! For a retail lease to be registered the consent of the mortgagee is required. In providing consent, the mortgagee will charge a consent fee. The lessor is solely responsible for paying the full costs of this mortgagee consent fee. Hence, a...
