News

Property developer ends up in Court

29-November-2010 Property,Commercial Disputes By Mark Streeter

Two court cases follow breakdown of a business relationship The first court decision over who was responsible and who was to pay costs was overwritten by the second court decision. Facts behind BATTERHAM v MAKEIG [2010] NSWCA86 (22 April...

Prenuptial Agreement – who, when and why

Family Law By Simone Green

Prenuptial agreements have become more common and accepted in our society, yet many couples intending to marry feel they don't need a prenup. But it is worth considering and below, we look at some of the key questions surrounding prenuptial...

One night stand impacts child support case

Family Law By Mark Streeter

Man pays child support for six years before DNA reveals he is not the father An expensive child support case shows it is not always worth recovering funds even if they are overpaid or incorrectly paid. The facts of Forsythe & Latimer & Anor...

Is a doctor held responsible for failing to diagnose something?

General,Family Law By Simone Green

The case of TABET V GETT [2010] in the High Court of Australia (12 April 2010) investigated this.   Facts behind the case On 11 January 1991, the appellant was admitted to the Royal Alexandra Hospital for Children with symptoms of headaches,...

Independent legal advice required for Prenuptial Agreements

Family Law By Mark Streeter

The situation: prenup not binding A financial, or prenuptial agreement, had been entered into by a couple. The agreement did not expressly state that both parties had received independent legal advice. As it is a requirement of Financial Agreements that...

Independent lawyer to represent child’s best interests

Family Law By Mark Streeter

Why can't children use the same lawyer as their parents? Unfortunately parents often take adversarial and diametrically opposed positions in respect of what is in the “best interests” of children in Family Law parenting cases.    As a result...

Implied terms of contract important when recovering debts

Commercial Disputes By Mark Streeter

Recovering debts depends on the contract - whether written or verbal In a decision by Justice Barrett on 31 August 2010 in the Supreme Court of New South Wales, the Court gave a helpful re-statement of the law relating to the “normal conditions”...