Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
Federal Court: March 2026
Recent decisions discuss the Hearne v Street obligation and the strict expectations on independence, representation and procedural fairness in complex litigation.
By Dr David J. Townsend and Paris Hart - 12 min read
Family law: March 2026
The courts clarify preliminary judicial comments, access to court documents, the reach of personal protection orders and the evidence needed for significant costs awards.
By Craig Nicol and Keleigh Robinson - 1 min read
Criminal law: March 2026
When do facts undermine jurisdiction? And when does a plea deliver more than mere utility? These decisions give practitioners clearer guardrails on both fronts.
By Thomas Spohr - 1 min read
Elder law & succession: March 2026
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
By Darryl Browne - 2 min read
Recapping 2025: uncertainty and contention afflicts the implied freedom doctrine
Judicial scepticism, fractured reasoning and shifting tests marked 2025, leaving the implied freedom’s coherence and future direction in question.
By Dr Jemimah Roberts and Dr Shireen Morris - 1 min read
UK Supreme Court affirms strictness of the ‘no profit’ rule for fiduciaries
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
Who gets it now? Navigating disclaimers and judicial advice in estate administration
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Matter over mind: capacity and incapacity in civil proceedings
Expert evidence, collateral information and practitioner insight together form the foundation of a defensible capacity assessment in civil proceedings.
By Alex Morrison - 2 min read
Key insights on a new era for NSW planning law
Sweeping amendments—new objects, new authorities and streamlined pathways—reorient the NSW planning system toward proportionality, productivity and housing.
By Anneliese Korber and Phoebe Saxon - 1 min read
Legal issues for people with young onset dementia
Delayed diagnosis leaves families unprepared for legal decisions, highlighting the need for structured guidance on planning, supports and capacity.
By Professor Nola Ries and Associate Professor Fiona Kumfor - 1 min read