Category Archives: General

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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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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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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Changes to Off the Plan Contracts

The Attorney-General and Minister for Justice has advised that in conjunction with the POA transition, the amendments to the Land Sales Act and Body Corporate Community Management Act contained in the Land Sales and Other Legislation Amendments Bill 2014 (LSOLAB) will commence on 1 December 2014.   The LSOLAB makes significant changes to disclosure requirements […]

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New Property legislative scheme to commence on 1 December 2014

The Queensland Government has announced the commencement date for the four pieces of legislation that will replace the current Property Agents and Motor Dealers Act 2000 (PAMDA) to be 1 December 2014. They are: Agents Financial Administration Act 2014 Property Occupations Act 2014 Motor Dealers and Chattel Auctioneers Act 2014 Debt Collectors (field Agents and Collection Agents) Act […]

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Testamentary Trusts

Testamentary trusts are fixed or non-fixed trusts that are: established by a Will funded by: o the assets of a deceased estate; or o by payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependants or nominated beneficiaries; and to […]

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Appointing a Real Estate agent.

When it comes time to sell your property more often than not you will seek the assistance of a qualified real estate agent to get your property in the public’s eye and ultimately out of your hands. Once you have chosen an agent and are feeling the butterflies of a new relationship he/she may give you […]

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Notary

What can a notary do for me?Documents to be used overseas must typically be verified or witnessed by a person who will be recognised overseas. The 1961 Hague Apostille Convention created a system whereby Notaries are recognised throughout most of the world.The main services of a notary include:witnessing signatures for documents to be used overseas,certifying copies of documents, certificates verifying registration […]

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