Jackson McKinley

Make good obligations NSW commercial leases are a perennial source of dispute in commercial leasing. In New South Wales, these obligations arise when a tenant must return leased premises in an agreed condition. This occurs at the end of the lease term. Lessee fit outs are increasingly becoming more costly and many commercial space fit …

Make Good Obligations in NSW Commercial Leases: What Landlords and Tenants Need to Know Read More »

Costs capping NSW civil litigation is an increasingly important issue for clients and practitioners concerned about disproportionate legal costs. Legal costs are often one of the key conditions clients consider when engaging a solicitor and deciding whether to commence proceedings. A common and legitimate question arises: why litigate a $30,000 debt if it costs $30,000 …

Costs Capping NSW Civil Litigation: How Courts Limit Disproportionate Legal Costs Read More »

Wheatley v Peek [2025] NSWCA 265 (10 December 2025) Earlier this year the NSW Supreme Court held that a Will made on an iPhone Notes app was not valid. The ruling raised issues about informal wills in NSW and whether a phone document can operate as a final Will. The NSW Court of Appeal has …

Informal Wills in NSW: Can I Make a Will on My Phone? Read More »

In Australian family law, distinguishing between a gift and a loan is crucial for asset protection during the breakdown of a marriage or de facto relationship. This distinction significantly impacts asset division, as courts apply the Family Law Act 1975 (Cth) to differentiate between gifts and loans. Specifically, whether an advance of money or property …

Asset Protection in Family Law Read More »