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 readReporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
By Thomas Spohr - 1 min readReporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 2 min readThe Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.
By The Law Society Policy and Practice Department - 1 min readLet the Law Society’s ethics lawyers guide you through the ethical mind field of legal practice
By Paul Monaghan and Linden Barnes - 13 min readExpert analysis of Clive Palmer’s High Court challenge to Western Australia’s border closures in response to coronavirus.
By Dr David Tomkins - 4 min readKeeping pace with technology and why we need a new tort specifically for digital privacy breaches.
By Rachael Falk - 2 min readSneakerboy decisions are the first to provide guidance on interpretation of the Code for retail and other commercial leasing agreements in NSW.
By Anthony Herro - 8 min readHigh Court provides welcome clarity on the meaning of ‘a day’ for personal leave purposes.
By Jack de Flamingh and Andy Lynch - 3 min readFederal Court uses preliminary discovery mechanism to identity suspected copyright infringers.
By Grant Hansen - 2 min readNSWSC considers whether an enduring attorney can make a binding death benefit nomination for a principal.
By Jen McMillan and Darryl Browne - 3 min read