201504.16
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peter brock’s estate

Just because you are famous doesn’t mean you don’t need a will. Peter Brock the “King of Mount Panorama” probably bought more fast motor cars for lawyers than was his intention when he died in 2006. He had two children by his long-time de facto marriage to Beverly Brock. She also had a child James…

201503.10
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torrens title

Torrens Title –guaranteed title Cassegrain 2015 case in High Court shows that just because you are shown as the owner on the title doesn’t mean that you can rely on Torrens Title to guarantee that title. Cassegrain and Co Pty Limited owned land. It transferred that land to Gerard Cassegrain and Felicity Cassegrain as joint…

201503.02
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NEW SWIMMING POOL RULES

Swimming pools On 29th April 2015   the  amendments to the  Swimming Pools Act 1992 come into effect. These establish the following:- There is an online register of pools; Periodic inspections of pools by council inspectors; Requirements for Contract for sale and leases. Critically for owners wanting to sell their property with a swimming pool will…

201412.12
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strata building defects

Building defects in new Strata Buildings   Its seems we all know someone who has had a problem with a strata unit. A recent High Court decision has not made it any better. Brookfield Multiplex –v- Owners Corporation Strata Plan 61288 was the case and the critical points arising from that case are:- The rights…

201412.05
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PENTHOUSE PETS AND CHILDREN

PENTHOUSE PETS AND CHILDREN Keeping pets in a strata unit in NSW is a controversial area. To codify the law the Government brought in regulations to cover the situation which cover both the owner and someone renting from them. A developer has to nominate the options A B or C that the strata plan shall…

201411.28
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leases and liquidators

Leases disclaimed by liquidators   You might well think that if you had a lease from a lessor that your position as a tenant was secure and attached to the land rather than it be determined on financial state of your landlord. Not so. As demonstrated in the Willmott Forestry case. A lease is a…

201411.12
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wills and superannuation

Estates and legal interaction with superannuation funds. James McIntosh had no will when he was killed aged 41. He had no wife or children. He lived with his mother at the time of his death and had for some time. He had money in a superannuation funds and had made a non-binding nomination leaving it…

201411.04
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de facto relationships

De facto relationships. Lots of people think that a de facto relationship only arises if the parties are living together for a fixed period like 18 months or two years. A recent case knocks that one on the head. The parties had:- (i) regularly spent weekends together at each other’s homes for 10 years (ii)…

201411.04
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De facto relationships

De facto relationships. Lots of people think that a de facto relationship only arises if the parties are living together for a fixed period like 18 months or two years. A recent case knocks that one on the head. The parties had:- (i) regularly spent weekends together at each other’s homes for 10 years (ii)…

201411.04
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Will breaking

Many people take the view that “I made the money and I should be able to give it to whoever I want in my will”. Some people even regard this as a natural right. However, since the 1800’s governments have sought to make provisions for needy people who have been left out of wills. The…