by Telemon Admin | Jan 4, 2016
While 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...
by Cameron Shaw | Dec 3, 2015
The NSW Court of Appeal has helpfully said: “The power of a proprietor to vote at general meetings of the body corporate is not fiduciary, and within limits it may be exercised by the proprietor for his or her own benefit.” Houghton v Immer (NO 155) Pty...
by Cameron Shaw | Nov 17, 2015
Section 136 of the Succession Act says: “If an intestate dies leaving no person who is entitled to the intestate estate, the State is entitled to the whole of the intestate estate”. Chapter 4 of the Succession Act makes provisions for what happens in an intestacy....
by Cameron Shaw | Sep 30, 2015
The Social Services Act 1991 (Cth) sets out strictly the requirements for a Special Disability Trust. Most important, it is not possible for a beneficiary of a Special Disability Trust to put their own property into the trust unless it meets the exemptions set out in...
by Cameron Shaw | Sep 29, 2015
The Corporations Act 2001, Section 115 provides: A person must not participate in the formation of a partnership or association that: (a) has as an object gain for itself or for any of its members; and (b) has more than 20...
