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 readFamily Court settles dispute over hormone therapy for teenager with gender dysphoria.
By Dr Felicity Bell - 2 min readCautionary tales for employers with staff working long hours.
By Nicola Mostert and Felicity Edwards - 1 min readConsideration of the legality and admissibility of covert recordings in family law proceedings.
By Phillip Ridgway - 2 min readStinging examples of why lawyers and accountants need to work together on trusts and succession.
By Jim Main - 1 min readFederal Court insights on what types of complaints or inquiries are protected workplace rights under the general protections provisions.
By Jack de Flamingh and Zack Trumper - 3 min readBenefits of the Singapore Convention to Australians resolving international commercial disputes.
By Wilson Chan and Evatt Styles - 2 min readAn examination of the amendments to section 35, which enacts statutory caps on awards of damages for non-economic loss.
By Paris Hart - 2 min readReporting and analysis of the latest key judgments from the High Court of Australia. By DR MICHELLE SHARPE.
By Dr Michelle Sharpe - 1 min readReporting and analysis of the latest key Federal Court judgments. By THERESA POWER and ANTHONY LO SURDO SC
By Anthony Lo Surdo SC and Theresa Power - 2 min readReporting and analysis of recent family law decisions. By ROBERT GLADE-WRIGHT.
By Robert Glade-Wright - 2 min read