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 […]
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 […]
Sydney Man Awarded $20,600 for Defamatory ‘Peeping Tom’ Emails
A 75-year-old man who was investigated by his employer after he was wrongly accused in emails of being a “peeping Tom” has been awarded $20,600 in damages for defamation. The NSW District Court heard the man worked for free as chairman of the strata committee of a mixed retail and residential complex in Church Street, […]
Criminal Loses Damages Claim for Injuries Suffered Whilst Committing a Crime
Recently, in the case of SW v Khaja [2020] NSWCA 128, the Court of Appeal rejected a claim by a young woman for damages for injuries sustained by her when she was severely injured whilst trying to rob a taxi driver. The relevant details: The Applicant, who was a teenager at the time, agreed on […]
Separation and Parenting Orders: The Benefits of Mediation, Particularly Relating to Children
I’ve separated from my partner. Should I attend mediation regarding my children and how do I prepare for mediation? When parents separate, one of the key areas they need to consider is what arrangements should be put in place for the children. This can include time the children spend with each parent, where and how handover […]
Blended Families and the Unintended Consequences of Dying Without a Valid Will
Many people put off making a valid Will because they are too busy dealing with the mundane aspects of life or they think they are bulletproof. However, as we know, death can sneak up unexpectedly with sometimes devastating financial consequences, particularly in the case of blended families. A person who dies without a Will dies […]
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Pritchard Law Group is a friendly local practice in the Sutherland shire that has served the needs of individuals and businesses for over 40 years.
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Property Conveyancing
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