What happens when there is a marriage breakdown and grandparents are prevented from seeing their grandchildren? The Family Law Act recognises that children have a right to spend time with significant persons in their lives which include: both of their parents, regardless of whether the parents are living together or not step-parents siblings half-siblings step-siblings […]
All articles written by
Paul Pritchard
De facto or just friends with benefits?
Unlike a marriage, which comes with a party and a certificate, de facto relationships often have no fanfare to announce their beginning. You probably assume that you have to share a house, or bedroom, before you will be in a de facto relationship. The reality is that sharing a common residence is not necessary before […]
Real Estate Agents Entitlement to Commission
Frequently, disputes arise as to whether an agent was the effective cause of sale and therefore entitled to commission on sale of a property. In Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2020] NSWCA a real estate agent agreement appointed the agent on a non-exclusive basis. The agreement conferred a right […]
Can My Step-Children Challenge My Will?
The rise in divorce rates and blended families has resulted in changes in family dynamics and has added complexity to the way in which people view their estate planning needs. In some circumstances, it has generated expectations on step-parents to make provision in their Will and in other circumstances, it has resulted in contested estate […]
Another Cyber Crime
We recently acted for a lady who sold her house in order to move into a retirement home. On the day of settlement, she received a telephone call from a male person who said that he was from Telstra Security and he asked her if she was expecting to receive a large payment of money […]
Can a Vendor Terminate a Contract for Sale of Land if the Purchaser Mistakenly Pays the Deposit to a Cyber Criminal
The case of Deligiannidou v Sundarjee [2020] NSW SC 437 related to the following circumstances: On 1 February 2020 the purchasers exchanged contracts with the defendants to purchase a property at San Souci for $560,000. The purchasers paid an initial deposit of $1,400 to the agent and they were to pay the balance of the […]
Will Found Invalid – Unexplained Suspicious Circumstances
In Agostino v Pietrobon [2020] SASC 117(Stanley J) a Will kit document which was purported to be signed by Giuseppina Agostino was propounded as the deceased’s last Will. It had the effect of disinheriting her son and her six grandchildren and leaving the whole of her estate to her niece and nephew. In refusing to […]
Family Law Child Support: The Basics
Child support options available to you The type of child support arrangement you enter into will depend mainly on your financial circumstances, but also on how well both parties are able to negotiate the terms of child support. There are three child support options available: (a) Child Support Agreement Where both parties can agree on […]
Bank Acts to Prevent Elder Abuse
The customer opened a Westpac bank account and added the complainant as a signatory. Four years later, in July 2019, the customer and complainant ordered $100,000 in cash. A few days later the customer was admitted to hospital. The bank refused to deliver the cash to the complainant. In August 2019, the complainant made a […]
Adoption of “Aboriginal Child” and the application of common sense
A recent decision of the NSW Court of Appeal of Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 was an interesting navigation of a legal minefield to arrive at a sensible decision. The facts: Belinda was a teenage girl who was assumed into care when she was very young and […]
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