High Court Gunns down Peak Indebtedness Rule

On 8 February 2023, the High Court handed down its highly anticipated judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2. The upshot of the decision – the Full Court of the Federal Court's decision has been up...

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Thinking of relocating with children?

Relocation with children under the age of 18 years after separation is an issue that parents are often faced with. One parent may have been offered the job of a lifetime in a city in another state, met a new partner or want to mov...

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Shared Equity Home Buyer Helper

For the next two financial years, the New South Wales Government (NSW Govt) will share the cost of buying up to 6000 principal places of residence for people who could not otherwise own a home. Provided they do not already own ...

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Proportionality – the word that haunts employers with reinstatement orders

A major factor that repeatedly trips up employers in making decisions to dismiss employees for misconduct is proportionality – i.e. whether the punishment fits the crime. To their peril, many employers mistakenly believe that...

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Building Orders – a limitation on Municipal Building Surveyor powers

When a Victorian Council undertakes an inspection of a property, it may discover building works that do not comply with the Building Act 1993 (Vic) (the Act) and Building Regulations 2018  (Vic) (the Regulations) and issue a buil...

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Property Gifted in Will Sold Prior to Death

Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”. What is ademption? Ademption occurs when property (...

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