Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 7 min read
The latest from the High Court: December 2015
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.
By Thomas Hurley - 2 min read
Practising under the uniform law: your questions answered – December 2015
Incorporated legal practices and supervision of newly admitted lawyers. By GLENDA CARRY.
By Glenda Carry - 3 min read
Costs assessments: unravelling the mysteries of certificate judgments
A certificate of determination and a judgment which arises on its filing are distinct. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 7 min read
Dangerous trusts and hidden tax stings
Whenever you act on the purchase by a trust of any nature, always check the vesting date. By JIM MAIN.
By Jim Main - 3 min read
Opinion evidence or direct evidence of fact?
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
By Carolina Lewin Soto - 4 min read
Ambiguity remains when it comes to the true rule of contractual interpretation
Following the decision in Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd, it remains unclear whether regard can be had to surrounding circumstances…
By David Harris - 6 min read
Who ‘speaks for country’ in NSW?
In NSW and elsewhere in Australia there is no single identifier or legal definition for ‘who speaks for Country’. By NORMAN LAING and KELLYANNE STANFORD.
By Norman Laing and Kellyanne Stanford - 6 min read
Are dumplings ‘stuffed pasta’? The tariff classification process
A two-stage decision-making process applies when customs duties are imposed on imported goods. By STEPHEN TULLY.
By Stephen Tully - 3 min read
Expert determinations under contract reviewable even if ’final’
Parties to a contract will need to ensure that an expert properly understands his or her functions under contract when performing a review and making…
By Paul Martin - 3 min read
Better practice in the Family Provision List
Earlier this year, Justice Hallen delivered a tutorial to practitioners on practice in the Family Provision List, entitled Current Issues from the Perspective of the…
By David M Jay - 5 min read