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ASBESTOS RELATED INJURY

In Booth v Amaca PL and Amaba PL (2010) NSWDDT 8, a former motor mechanic brought a claim for damages arising from his exposure, between 1953 and 1983, to asbestos in brake linings.  He sued Amaca (formerly James Hardie) and Amaba, both of whom were the manufacturers of the brake linings. Long after his asbestos […]

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Who controls your Super?

The recent Court case of Ioppolo & Hesford v Conti highlights the issues involved in estate planning where superannuation, and in particular an SMSF, is involved. In this case, a wife passed away with a Will in place which directed her superannuation to be paid to her children and specifically not to her husband. On […]

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Letter of Wishes

The primary purpose of a Will is to ensure that your estate will pass to your intended beneficiaries. The directions in a Will are legally binding. What if you wanted to allow some flexibility for your executor or family to decide? Unlike your Will, a letter of wishes isn’t legally binding however, it does give […]

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FREEDOM OF WILL-MAKER TO DECIDE

In McIntyre v O’Regan (2015) NSW 198, under her Will the deceased aged 66 left to her son (aged 41) a $190,000 sum and left to her daughter (aged 34) a $250,000 sum.  The deceased’s carer was left household contents and the right to use the deceased’s car for one year.  The residue of the […]

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COURT DECISION UPHOLDS WILL

In the case of Sung v Malaxos (2015) NSWSC 186, the major asset in the deceased’s estate was his home at Lilyfield near Sydney Harbour, worth approximately $1.35 million.  In his Will, the deceased, aged 83 when he died, directed that the property be sold and that the sale proceeds be apportioned one-third to his […]

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Crisp orders – deceased estates

In Paradisis v Kekatos (2016) NSWSC 220, the deceased in his Will left to his wife of 28 years a “life interest” in the matrimonial home, and the rest of his estate was left to his three children from previous marriages.  His widow made a “family provision claim”, applying to the court for greater provision […]

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Which Unit?

We recently acted for a young couple who had entered into a contract to buy a unit in a two unit complex on the coast.  Everything was going smoothly – finance applications had been approved, building and pest inspections complete and some initial searches carried out. At a meeting with our clients we asked them […]

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Can foreigners purchase residential property in Australia?

The Australian government has welcomed foreign investment on the grounds that it will assist economic growth and prosperity of Australia. Currently foreign buyers can apply to the Foreign Investment Review Board (the “Board”) for approval in certain circumstances. Approval will only be granted if the buyers meet the criteria set by the board. Currently foreign […]

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Security Interests in Building and Construction Contracts.

Typical security interests in construction contracts   Security interests can arise from a variety clauses commonly contained in building and construction contracts which include  the following:   security deposits or retention amounts pending compliance with 0obligation by the contractor; rights to take over that enable a principal to take possession of the contractor’s plant and […]

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