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 readRecent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min readHow the ‘permitted general situation’ exception was applied using the framework of suitability, alternatives and proportionality.
By Sarah Sacher - 2 min readHow a knowing failure to read mandatory material was enough to satisfy the demanding mental element of the notoriously difficult-to-prove tort.
By Ellen Rock - 2 min readWhile the skills and knowledge of lawyers remain key to success for law firms across the country, the role of technology in the legal profession continues…
By Sam McKeith - 9 min readIs the government’s plan to tackle underperforming super funds a backward step?
By Scott Donald - 8 min readAn essential overview of the national insolvency reforms designed to tackle the economic impact of Covid-19.
By Michelle Castle and Jim Johnson - 8 min readNew protections for people experiencing sexual and domestic violence explained.
By Liz Snell - 8 min readAn overview of the forthcoming changes to mental health and criminal law legislation.
By Jane Sanders - 2 min readNSW Court of Appeal delivers welcome clarity on the definition of a ‘declaration of trust’ for stamp duty purposes.
By Christopher Bevan - 1 min readIs it time to reevaluate your fee arrangements? A handy guide to the pros and cons of alternative fee arrangements.
By Michael Legg - 2 min readA practical guide to the new practice rules that will apply when the dual regulation of immigration law practice ends in March.
By Frances Moffitt - 2 min readWhen is OK to make a workplace ‘complaint’ or ‘inquiry’? As the Federal Court found in Cummins South Pacific P/L v Keenan, the answer is…
By Paul Moorhouse - 2 min readThe importance of drafting more effective preliminary client agreements to avoid the risk of future litigation.
By Emma Griffith and Natalie Polorotoff - 2 min read