On 1 November 2025, Australia’s aged care landscape will fundamentally change. After decades under the Aged Care Act 1997, the sector will adopt a new legal framework under the Aged Care Act 2024. This change responds to the Royal Commission into Aged Care Quality and Safety. The Commission exposed systemic neglect, under-regulation, and a failure …
Aged Care Act 2024: What It Means for Older Australians Read More »
At the end of the 2025 financial year, small businesses face unique challenges and opportunities. This EOFY 2025 small business guide outlines practical steps to help you prepare for the new financial year. It is an ideal time to evaluate performance, streamline operations, manage tax obligations and plan for growth. Below are some key strategies …
The intersection of bankruptcy and deceased estates can create complex legal issues for executors and beneficiaries. In the administration of deceased estates, the financial status of executors and beneficiaries can have legal consequences. If an executor or beneficiary is bankrupt, complications may arise. Bankruptcy, whether it occurs before or after the grant of probate, introduces …
Bankruptcy and Deceased Estates: Impact on Executors and Beneficiaries Read More »
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 »
Introduction On 11 December 2024, the High Court of Australia delivered a landmark decision in Elisha v Vision Australia Ltd [2024] HCA 50. For the first time, the decision recognises that psychiatric injury in employment contracts can give rise to damages for breach. The judgment overturned more than a century of common law authority, rejecting …
Farewell Addis: High Court Recognises Psychiatric Injury in Employment Contracts Read More »
Australia’s First Serious Invasion of Privacy Tort Has Landed (And It’s About to Get Messy) On 10 June 2025, Australia quietly flipped the switch on a major new legal right: individuals can now sue under a serious invasion of privacy tort. It’s a landmark change in a country that, until now, didn’t give people a …
Serious Invasion of Privacy Tort Lands in Australia: What It Means for Your Business Read More »
As technology and informal communication tools increasingly shape daily life, courts more frequently consider whether a handwritten note, text message, or phone app entry constitutes a valid will. In one recent case, Peek v Wheatley [2025] NSWSC 554, the Supreme Court clarified when a document that lacks formal will requirements still qualifies as a person’s …
Can a Note Be a Valid Will? Supreme Court Rules on iPhone Note in Peek v Wheatley Read More »
The transition from AAT to ART marks a significant development in Australia’s federal administrative law framework. The Administrative Appeals Tribunal (“AAT”) was the primary merits review body at the Commonwealth level and allows for the review of decisions made by government departments and agencies or specialist merits review bodies under 400+ Commonwealth and Norfolk Island …
Beyond the Acronyms: Understanding the Transition from AAT to ART Read More »
Introduction The COVID-19 pandemic created an unprecedented disruption across the commercial landscape, raising fundamental questions about the doctrine of frustration in Australian contract law. In particular, parties queried whether government-imposed restrictions could justify termination of a contract. In Laundy Hotels (Quarry) Pty Ltd v Dyco Hotels Pty Ltd [2023] HCA 6, the High Court of …
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 »
© 2024 Jake McKinley. All Rights Reserved