Legal Articles

In most commercial transactions the parties will need to negotiate the terms before agreeing on the final details.  Successful contract negotiation is not just about who has greater bargaining power – it is also about research, planning and following some well recognised guidelines. Examples of these transactions include; shareholder agreements, partnerships dissolutions, commercial leases, the sale… Read more »

Drawing the Line: Finality in Litigation

by | Court Disputes

The Court promotes finality in litigation. That is, once a Court has given a judgment which is ‘perfected’ (broadly speaking, a court’s equivalent to ‘signed, sealed and delivered’), then the matter is over. This is subject to certain exceptions, the most significant of which are: (1) a statutory right of appeal; and (2) a right… Read more »

What is Testamentary Capacity? In order for a will to be valid, a testator must have testamentary capacity at the time the will was executed. The test for determining testamentary capacity is set out in the English case of Banks v Goodfellow (1870) LR 5 QB 549; namely that the testator must be of sound… Read more »

Leaving a Franchise

by | Franchises

Before Leaving a Franchise The best advice we can give you before leaving a franchise is the same as we would give before entering a franchise – read the franchise agreement and disclosure statement and, above all, get independent legal advice before you sign anything.  This will help you avoid some of the more common… Read more »

Justice must not only be done; it must be seen to be done. One key part of that commandment is that a court, when reaching a decision, must give reasons for that decision. Why is it Important for Courts to Provide Reasons? A court hearing any appeal from, or judicial review of, the decision needs… Read more »

Malicious Falsehood as an Alternative to Defamation Defamation The law of defamation, whilst complex (at times, needlessly so), is generally known and understood. In Australia, the States have codified defamation law into statutes. While these are not completely uniform, for the most part they align. They contain limitations on the right of action for defamation. … Read more »

What is Testamentary Freedom? Testamentary freedom is the long-standing common law principle that a person has complete discretion to dispose of their property through their will in whichever manner they choose.  Chief Justice Cockburn in the decision of Banks v Goodfellow (1870) LR 5 QB 549 stated that “The law of every civilised people concedes… Read more »

Retirement Villages are increasingly becoming a preferred mode of accommodation for senior Australians.  In South Australia the Retirement Villages Act 2016 came into force on 1 January 2018. The new Act sets out the rights and obligations of residents and retirement village operators, and specifies information which must be provided to a prospective resident in… Read more »

In July 2017 the New South Wales government announced an inquiry into retirement village operators. The focus of the inquiry related to certain charges embedded in the residence contracts. The main area of concern was the Deferred Management Fee which arose on the residents’ exit from the village. We are aware of one instance where… Read more »

What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »

Australia’s aging population is growing each year and with that has brought a demand for legal services tailored specifically to the needs of our seniors and often their families as well. What is Elder Law? As people age and become increasingly vulnerable there are many areas of law that may affect them that until then… Read more »

The loss of a family member is always a difficult time but is even more so where you discover that you have been left out of a will, or have received less than you believe you were entitled to. Generally, a person has the right to leave their property to whoever they choose – a… Read more »

Probate SA

by | Probate, Wills & Estate Planning

What is Probate? Probate is the process by which a deceased person’s will is “proved” in the Probate SA Registry of the Supreme Court of South Australia. Before any executor named in the will can legally deal with a deceased’s person’s assets, the Court must be satisfied that the person’s will is valid and that… Read more »

Informal Wills

by | Wills & Estate Planning

Informal wills are wills which do not satisfy the formal requirements of execution under section 8 of the Wills Act, 1936.  For information as to the legal requirements to create a valid and binding will see our article ‘Proper Execution and Witnessing of Will is Vital‘. Requirements for a Valid Will In South Australia, a will… Read more »

We have all heard stories of people using their Will to spite beneficiaries by leaving everything to charity or the family pet.  But what about Will makers who want to have the last word and let people know what they really thought?  What if the Will maker’s last words are lies, designed to hurt and… Read more »