News
New Optional Property Tax to Replace Stamp Duty
If you are a first home buyer then you should be made aware of a recent announcement by the NSW State Goverment which will apply to properties purchased up to $1.5m from 16 January 2023. As from that date, qualifying purchasers will be able to opt into a scheme to pay...
Solicitors Must Ensure Elderly Will-Makers have Mental Capacity
In the NSW Supreme Court case of Lim v Lim [2022] NSWSC 454 the Court held that a 89 year old woman's last will was invalid because she lacked testamentary capacity i.e. the mental ability to make a will and, therefore, did not know or approve the contents of her...
Can a Child from a Blended Family Challenge an Agreement to Leave an Estate to All Children Equally?
A common situation is one where a parent with children re-marries another parent with their own children creating a blended family. It is not then unusual for each parent to enter into an agreement to make mutual wills which are in reciprocal terms leaving their...
Beware of Comments on Your Social Media Platform!
Here is a stark warning to anyone, including businesses, who operates a social media platform and allows third parties to post comments. You or your business can be held liable for another person's defamatory comments even if you are unaware of them. In the recent...
Electronic Registration of Commercial and Retail Leases
As from 11 October 2021 all dealings with real property, including commercial and retail Leases, must be lodged electronically for registration and can no longer be lodged in paper form as has been the case for many decades. The Lease will have to be lodged for...
COVID-19 Claims Another Victim – Insurance Companies
Late last year the NSW Court of Appeal decided a test case in which a tourist park and a retail business attempted to claim on their insurance policies for business interruption during the COVID-19 pandemic. Although each policy provided cover for business...