Tag: Case Study

    In a very interesting case before the Supreme Court of NSW on 13 September 2013, His Honour Justice White considered an application to “suspend” the decision-making powers of a Guardian appointed under a Deed of Enduring...

As most people may be aware, taped conversations are generally not permitted into evidence if the person was not aware that they were being recorded. However, a recent case has shown that taped conversations, where the person has given permission to be...

    The Family Court can legally restrain a solicitor from acting for a client on the basis of a conflict. In a recent property proceedings case, (House & Altimas [2012] FamCA 625, 3 August 2012), the applicant husband applied for an order...

In many property cases, a business’s plant and equipment may need to be valued. But which valuation method should be used – an ad hoc sale approach or market value? Such a situation arose in a recent case (Martin & Crawley [2012] FamCA 1032 on...

   The James Hardie proceedings in the NSW Court of Appeal last November saw penalties imposed against the company's former non-executive directors and former company secretary and general counsel for their roles in providing the market with...

The Personal Property and Securities Act is causing many sleepless nights for credit managers wondering if they have acquired sufficient security in exchange for extending credit. The introduction of the Personal Properties Security Register more than...

    If you have recently divorced, you only have 12 months to negotiate, settle and formalise a property settlement with your former spouse. If you have not finalised your property settlement and it has been more than 12 months since your...

A recent case in England has highlighted the need for parties involved in property settlement proceedings in the Family Court to be frank with their finances and disclose all financial information. A property tycoon in London was sentenced to six...

The recent case of MacDowell and Williams and Ors has raised an interesting ethical and legal question regarding how far the Courts should interfere in the private financial affairs of third parties when determining the future financial resources of the...

  On December 31, 2012, Olympic swimmer Grant Hackett began legal action against his lawyers in relation to a pre-nuptial agreement they prepared on his behalf. The Australian swim star claimed the botched Financial Agreement, with pop star wife...