Blogs

Waiving the right to object to a conflict of interest

Solicitors are often faced with the dilemma of being approached by a potential new client, but because the solicitor or firm has acted for a previous client whose interest may be affected, the solicitor may be unable to act.  There are, however, circumstances where a former client may waive, whether expressly or impliedly, their right to object to the solicitor acting.

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Key Changes to the Family Law Rules

As of 1 March 2018, changes to the Family Law Rules come into effect. We recommend that you review the new rules and update your precedents and practices to reflect them.

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What to do in cases of multiple executors?

It’s common for people to appoint more than one executor in their Wills to administer their estate when they die – particularly where adult children are concerned, usually so they all have a say in how things are handled.  This is seen by many parents as the fairest approach – even if there are tensions or fractured relationships amongst siblings.  We hear time and time again that ‘they’ll have to sort it out’.  Surely the kids will be united in their grief and avoid arguments? Unfortunately, this isn’t always the case – and we have seen a number of cases where executors (whether siblings or not) disagree.  

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What impact does having assets overseas have on your Will? 

If you do have assets in more than one country, it’s important to ensure that your Will properly disposes of your worldwide assets – not just those in Australia.  One available option is to make a single Will disposing of all of your assets.  Alternatively, you can make a separate Will for each country in which you hold assets.

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Calculating and comparing Retirement Village contracts made easier!

As an increasing number of Australians move into retirement villages, or ‘Over 55 Lifestyle Estates’, it is important to take a close look into issues that can arise during the research phase, as well as the complexities involved in this type of move.  This process has now been made a lot easier with NSW Fair Trading’s introduction of an online calculator set to assist older Australians in deciding which retirement village home is right for you.  

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Disclosure in an Ex Parte Recovery Application

Ex parte proceedings refer to proceedings where one of the parties may not be present.  The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.

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H&M called out on social media for lifting Harvey Sutherland song without permission

Leading Swedish apparel brand H&M has yet again been caught up in social media controversy following an advertisement posted to the brand’s Instagram channel. It was just last month that the brand was forced to deal with their first ‘face-palm’ moment of 2018, when the online listing of one of their children’s hoodies was criticised by many for being racially insensitive – leading to H&M’s brand ambassador, The Weeknd, severing all ties with the company.

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Is Your House in Order? New Data Breach Regime laws take effect on 22 February 2018

Incoming legislation relating to mandatory notification for data breaches comes into effect from 22 February, 2018. Once in effect, the new regime will require agencies and organisations that are subject to the Privacy Act 1988 to notify both the Office of the Australian Information Commissioner (OAIC) and affected individuals in cases where there has been a confirmed ‘eligible data breach’ of personal information.

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Two keys with split key rings with pendant in shape of house

Effect of Family Violence in Property Proceedings

Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.

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Is Snapchat Right For Your Business?

Your business tweets terrifically, is on fire with Facebook and ingenious on Instagram but when it comes to Snapchat, you’re in the dark. So what is Snapchat, and should you be jumping on board?

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Is Your Lease Valid? Make Sure the Rent Review Provisions are Correct

When a tenant decides to exercise an option, the lease usually contains a mechanism for how their rent is to be determined, and once this is determined, would be payable from the start of the option lease…But what happens in situations where the rent review provisions are deemed void under the Retail Leases Act?

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Coleman Greig celebrates 90 years

This year sees Coleman Greig Lawyers celebrate our 90th anniversary as Western Sydney’s leading law firm. With such an outstandingly rich timeline behind us, the firm is set to celebrate with a year-long walk down memory lane.

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Cyberbullying: An Employer’s Response Spot On

In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.

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Family Law in Western Sydney – A Snapshot

Penrith LGA is currently one of the hardest-hit areas in the state with regard to reports of domestic violence.  Unfortunately, Penrith is not alone in these numbers – with the neighbouring Blacktown area showing the highest number of domestic violence incidents in NSW: with 2083 in the year up until March 2017.

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