Treating Doctor Reports: retrospective mental capacity cases
The importance of contemporaneous medical evidence and treating doctor opinion in mental capacity cases.
By Hayley Bennett and Alisa Green - 6 min read
Failed granny flat arrangements
Salutary lessons from granny flat arrangements gone wrong.
By Richard McCullagh and Darryl Browne - 6 min read
Rethinking the presumption of advancement in contemporary Australia
What we can learn from the Canadian approach to the presumption of advancement. By KRASA BOZINOVSKA
By Krasa Bozinovska - 13 min read
Beware the lonesome lodger: Dealing with guests who outstay their welcome
How to deal with guests who outstay their welcome. By RICHARD MCCULLAGH.
By Richard McCullagh - 6 min read
In the fight against elder abuse, is it time to revisit the notional estate?
In the national effort to combat elder abuse, is it time to revisit the notional estate? By JOHN CLARKE
By John Clarke - 6 min read
Powers of Attorney – an ‘enduring’ source of liability for solicitors
A discussion of Reilly v Reilly [2017] NSWSC 1419 and restrictions on Powers of Attorney imposed by the general law. By GREG COUSTON and TONY…
By Greg Couston and Tony Reynolds - 6 min read
Elder law: when trust may not be resulting
Parents advancing money to their children, or co-purchasing property with them, are on the legal back foot should those funds be needed later. By RICHARD…
By Richard McCullagh - 6 min read
Financial abuse and forfeiture
The extension of the forfeiture rule to cases of abuse against the vulnerable and elderly, as has been done elsewhere, may deter abusive behaviour. By…
By Ruth Pollard and Darryl Browne - 6 min read
Retirement villages: a reality check
Despite recent bad publicity and superficial complexity, retirement villages are a simple proposition: they are relatively cheap to move into and stay in, and expensive…
By Richard McCullagh - 7 min read
Avoiding elder financial abuse: safeguards solicitors should have in place
The Law Reform Commission’s report, Elder Abuse – A National Response, recommends safeguards to minimise risk of abuse in cases of ‘enduring appointments’. By DARRYL…
By Darryl Browne - 8 min read
Death benefit nominations & substitute decision makers: ALRC Elder Abuse Report
In the Elder Abuse Report, the Australian Law Reform Commission recommended review of the authority of those holding enduring powers of attorney.
By Rosalind Croucher AM - 9 min read