New judge appointed to Federal Circuit Court in Newcastle
Ashleigh John is a Family Law Accredited Specialist at Mullane & Lindsay in Newcastle and practises extensively in Family, Relationship and Matrimonial Law.
Six months after the official retirement of Newcastle Federal Circuit Court Judge Giles Coakes (and almost 2 years after he gave notice of his impending retirement), the Commonwealth Government has announced the appointment of a new resident judge to the Federal Circuit Court in Newcastle.
Mr Steven Middleton will commence in the Newcastle Registry on 9 November 2015.
Mr Middleton has practised as a solicitor and barrister in the areas of family law, child protection, crime and domestic violence; experience which will assist him in the role of a judge of the Federal Circuit Court in the Newcastle Registry. Read the rest of this entry »
Reasonable living expenses and attorneys
by Felicity Wardhaugh
Felicity Wardhaugh is a Special Counsel at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
Mum is elderly and has just moved to a nursing home. She was a widow and her house is now empty. Mum has dementia but the nursing home is doing a great job of looking after her. Last week the doctor said “I would not be surprised if she did not live to a 100!” This is 20 years away. The house is likely to sell for $500,000. Her two daughters are due to inherit the house if she dies because she has left it to them in her Will. However, one daughter really needs some money now. If she could sell Mum’s house and use some of Mum’s money it would rescue her situation. Can she? Read the rest of this entry »
Insurance brokers – Duty to Enquire
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and specialises in commercial dispute resolution & litigation, and employment law.
In Swansson v Harrison [2014] VSC 118, a terminally ill plaintiff sued his broker for a negligent failure to advise at the time the relevant (life) policy was applied for. In short, S had an existing life policy but its premium increased significantly, so he sought advice from his regular broker about alternatives. The broker recommended another policy. An application for it was made and accepted; and the old policy was then cancelled. Soon afterwards the plaintiff was diagnosed with a terminal illness. The old policy was no longer available and the new insurer declined to pay on the basis that there had been a non disclosure of a medical condition.
Relevantly, shortly prior to meeting the broker, S had an appointment with his GP about stomach pain. That was disclosed in the application form. However between making the application, and the insurer accepting it and issuing the new policy, the plaintiff was referred for further medical investigation. Those investigations ultimately led to the diagnosis. Read the rest of this entry »
What is the rule of law?
by Lana Black
Lana Black is a Solicitor at Mullane & Lindsay and is part of our Commercial & Property Law team.
You may have heard someone mention the rule of law before, but what is the rule of law?
The rule of law is the basic foundation upon which our legal system is built. While there is no single agreed upon definition of the rule of law, it is the principle that law should govern a nation and everyone, including citizens and government, should be bound by and entitled to the benefit of the law.
The rule of law requires: Read the rest of this entry »
Changes to cohabitation/pre-nup agreements in the wind
Mark Sullivan is a Director at Mullane & Lindsay in Newcastle and specialises in Family, Relationship and Matrimonial Law
A Binding Financial Agreement (“BFA”) sets out what will happen to the property and superannuation of current and prospective spouses/partners during their relationship and if they separate. A BFA can also determine the amount of maintenance payable by either party to the other on separation. When it is effective, a BFA is a full defence to an application by either party seeking contrary property or maintenance orders in a Family Law Court. BFAs can also be enforced by application to a Family Law Court. One size does not fit all and whilst they may not be suitable for everyone, they have an important place in family law. Read the rest of this entry »