Greater Use Of Alternative Dispute Resolution
By Vivien Carty
Vivien Carty is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship & Matrimonial Law team.
As a result of the Special Commission of Enquiry into Child Protection Services in NSW, a report was provided to the Governor of NSW in November 2008 and released on the same day to the public.
The Wood Report, as this report is known, made many recommendations to the NSW Government as to what changes could be made within the Child Protection system to cope with future levels of demand. Read the rest of this entry »
Alternative Dispute Resolution (ADR)
By Vivien Carty
Vivien Carty is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship & Matrimonial Law team.
Alternative Dispute Resolution (aka ADR) is strongly encouraged before and during Court proceedings in the Family Court, the Federal Magistrates Court, and the Children’s Court of NSW.
One of the popular models of ADR is based on the LEADR model of mediation. In disputes about financial or property matters the parties exchange full and frank details of their financial situations before the conference. Without this exchange the issues cannot be properly explored during the conference. In children’s matters basic information is provided to the mediator such as the names and ages of the children, where the children are living and whether there are any family violence issues or orders. Read the rest of this entry »
Changes to NSW demerit points scheme commencing 31 January 2010
By Ashleigh John
Ashleigh John is a Solicitor at Mullane & Lindsay in Newcastle and specialises in our Family, Relationship and Matrimonial Law Team
In December 2010 NSW Parliament enacted changes to the Road Transport (Driver Licensing) Act 1998 to update the current demerit point scheme in New South Wales. The changes will come into force on 31 January 2010. Read the rest of this entry »
Family Law Team expands at Mullane & Lindsay
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
Ashley Stevens is the latest solicitor to join the experienced team of Family and Relationship Law solicitors at Newcastle/Tea Gardens law firm Mullane & Lindsay.
Ashley joined Mullane & Lindsay in July 2010 in order to gain specialist Family and Relationship Law experience and to work with Accredited Specialist solicitors Mark Sullivan and Vivien Carty. Ashley joins fellow family law solicitors Ashleigh John and Kristy Davis. She is a proud University of Newcastle graduate, and had almost four years experience at other law firms prior to joining Mullane & Lindsay. Read the rest of this entry »
Free Stamp Duty, Time is Running Out
By Robert Lindsay
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
In the recent State Budget, the Treasurer announced that “First Home – New Home” will replace the First Home Plus scheme from 1 January 2012. As from that date, the existing scheme whereby all first home buyers purchasing for under $500,000.00 enjoy an exemption from stamp duty. After 1 January 2012, free Stamp Duty will be available to an eligible purchaser who is a natural person (ie not a company or trust) at least 18 years of age who has not and whose spouse / de facto spouse has not: Read the rest of this entry »
Ademption of Wills – What is it?
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Let’s take a simple Will, in which I leave my house at1 Smith St,Smithtown, to my daughter, and the balance of my estate (which includes, say, a holiday house, some bank accounts, shares and the like) to my grandchildren.
The gift of my residence is a specific bequest or a ‘specific gift’. It only operates after I die. However if I sell my residence before I die, but don’t change my Will, the general legal rule is that the specific gift fails – the specific asset I intend to leave no longer exists, so my daughter would get nothing. This is what is meant by ‘ademption’. It often doesn’t matter that I may have sold my house at Smith St, to buy another one in Jones St. Read the rest of this entry »
Commission Arrangement in Employment Contracts
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Ms S was an employed real estate agent for around five years. She was remunerated partly by salary and partly on commission. Her commission was a percentage of the sales commission received by the agency. A dispute arose as to whether the agency was entitled to make specific deductions from the gross commission it received, before calculating the employee’s percentage.
Ms S said she was not told about these deductions before starting the employment; that when she later complained about them she was told “this is how its done here” and there was no change in conduct by the agency. The Court accepted this evidence, however it also held, on the evidence, that Ms S knew there would be at least some deductions made from gross commissions prior to accepting the original offer of employment; and that she certainly knew of the deductions when she renewed her Contract each year for the 5 subsequent years. Read the rest of this entry »
Guarantors of Family Companies
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Queensland Court of Appeal recently considered a case relating to a personal guarantee given by a property developer for his development company. The facts were complex but, briefly, Mr T guarantee borrowings of his company JPL in relation to a property development. There was a default and the lender sued JPL, not only for the principal debt, but also for fees and charges which, the lender said, were payable under the terms of the loan agreement. JPL paid the principal debt, but disputed the fees and charges.A Court held they were payable and JPL was ordered to pay the litigation costs. It did not do so and those costs were assessed in excess of $100,000.00. The lender then sought to recover the litigation costs from Mr T, as guarantor. Read the rest of this entry »
Unsigned Wills – Would you take the chance?
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The NSW Supreme Court recently considered whether an unsigned Will of a deceased person should be acted on, as representing his final testamentary wishes.
Under the Succession Act 2006 the Supreme Court has specific power to consider whether an unsigned document (or a document that may be partially signed, but without the degree of formality usually required of a Will) should be admitted to probate and implemented as the last wishes of a deceased person. Read the rest of this entry »