Jacob Carswell-Doherty

A recent Federal Court decision has set aside a visa cancellation character test ruling because the Tribunal failed to engage with handwritten letters from three children. A reminder that decision-makers cannot treat children’s voices as mere character references. The Case at a Glance In Sumeo v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA …

Visa Cancellation & the Character Test: How Children’s Evidence Can Change the Outcome Read More »

Background The 2026-27 Federal Budget was delivered on 12 May 2026. It introduced three reforms affecting trust properties. These apply to both testamentary and discretionary trusts. The reforms cover abolition of the 50% CGT discount, restrictions on negative gearing, and a 30% minimum tax on discretionary trust income. Each reform has a different commencement date. …

2026-27 Federal Budget Trust Properties: What You Need to Know Read More »

Every litigator who briefs experts has had the experience of opening a draft report and feeling a quiet drop in the stomach. The opinion is fine but the reasoning is gone. Or the assumptions are wrong. Or the witness has wandered into a paragraph that no person in their field could give. Thankfully, there is …

Briefing the expert: what the judges actually say Read More »

Michael Meek J was appointed to the Supreme Court of New South Wales in late 2022 after more than two decades at the equity bar. 138 published judgments since. No decision overturned on appeal. Several already cited as authority by the Court of Appeal. “When you’d buy vinyl, you’d have this lovely-sized object with a …

Appearing before Justice Michael Meek in the Equity Division: what solicitors should know Read More »

A $3 billion company is being forced to rebrand in its home market after years of trademark infringement, and the honest concurrent use defence it relied upon has been decisively rejected by the High Court. This decision isn’t just a corporate cautionary tale; it’s a warning to any business that has ever assumed a name …

Trademark Infringement and Honest Concurrent Use: What Zip Co’s High Court Defeat Means for Your Business Read More »

When relationships break down, many parents understandably worry about the impact of separation on their children. Research on children and divorce conflict consistently shows that the focus should not be on whether separation occurs, but on how its consequences are managed. Under Australian family law, the guiding principle in s 60CC of the Family Law …

How Children and Divorce Conflict Shapes Outcomes More Than Separation Itself Read More »

An early inheritance advancement in Australia has become an increasingly popular concept, particularly due to high cost of living in Australia. Parents, grandparents and extended family members may be more willing to help their loved ones by allowing an advance on accessing their inheritance. Although it sounds ideal and complication free, it introduces different concerns …

Early Inheritance Advancement Australia: The Hidden Trigger Behind Estate Battles Read More »

You’ve bought a faulty car, a caravan that leaks, or an appliance that stops working after a few months. You know your rights under the Australian Consumer Law. You ask for a refund. And then the pushback starts. In our experience, most manufacturers and suppliers don’t simply say no. They give you a reason — …

ACL Refund Rights Australia: What Manufacturers Say And Why They Are Wrong Read More »

How to reduce the risk of contested wills in NSW is an issue more families are facing as wealth passes between generations and estate disputes become more common. While no estate plan can completely eliminate the risk of a legal challenge, careful planning and clear communication can greatly reduce the chances of a will being …

How to Reduce the Risk of Contested Wills in NSW Read More »

Most people will never deal with a subpoena until one unexpectedly arrives. Someone might hand it to you at work, deliver it to your home, or serve it on your business with little explanation beyond a court seal and a deadline. Some people feel immediate concern. Others feel confusion. What is this document? Why are …

A Letter You Can’t Ignore: Subpoenas in NSW Read More »