Caveats and costs agreements in NSW raise important legal and ethical issues for solicitors seeking to secure unpaid fees. Under the Real Property Act 1900 (NSW), a person may only lodge a caveat if they claim a legal or equitable interest in land. A debt alone—such as unpaid legal fees owed to a solicitor—does not …
Caveats and Costs Agreements in NSW – Securing Fees or Overstepping? Read More »
Trustees’ Duty to Consult Under Section 66H When Appointed Under Section 66G When the Supreme Court appoints statutory trustees for sale under section 66G of the Conveyancing Act 1919 (NSW) (“the Act“), those trustees assume the ordinary fiduciary duties of trustees toward the co-owner beneficiaries. One key obligation is the trustees’ duty to consult under …
Trustees’ Duty to Consult Under Section 66H: Recent Judicial Guidance Read More »
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A person may promise that “one day this farm will be yours” and then die without ever putting that promise in writing, leaving a later will that says something different. In Kramer v Stone [2024] HCA 48, the High Court confirmed that, in Australia, a person who relies on such a promise to their real …
Kramer v Stone [2024] HCA 48: When There’s a Will, There’s Not Necessarily a Way Read More »
“It’s not a house, it’s a home” – Public awareness of compulsory land acquisition law grew partly due to the 1997 film, The Castle. The Kerrigan family contested the forced acquisition of their home. They ultimately took their case to the High Court of Australia. Unlike Dennis Denuto’s “vibe”-based arguments, legislation governs compulsory acquisitions in …
Compulsory Acquisition NSW: Case Law & Compensation Changes Read More »
Ordinary Time Earnings (OTE) are central to how employers calculate the minimum superannuation contributions they must provide to employees, as required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). OTE represents a specific subset of the broader “salary or wages” an employee may receive from their employer. Employers use OTE to calculate minimum superannuation …
Understanding Ordinary Time Earnings (OTE) and Superannuation Obligations Read More »
Long service leave provides two months of paid leave after ten years with the same employer. It recognises long-term contributions. Pro-rata long service leave allows early access to part of the entitlement. This applies if employment ends before ten years of service. It also applies proportionately for employees with service between ten and fifteen years. …
Pro-Rata Long Service Leave Explained in Australia Read More »
The Fair Work Act 2009 (Cth) (“the Act“) provides the statutory legal framework for managing various aspects of employee/employer relationships. One of the key provisions in the Fair Work Act 2009 (Cth) is the stand down provision under section 524, which allows employers to temporarily stand down employees without pay in certain circumstances. These provisions …
When and How Employers Can Lawfully Stand Down Employees Under the Fair Work Act Read More »
The two certainties in life are death and taxes. You should familiarize yourself with how to properly prepare a will to ensure that your property will be distributed according to your wishes when you pass on. One key requirement for a will is that you must properly witness it. Wills are just one type of …