Tasman Ash Fleming, a barrister and accredited mediator (NMAS), highlights the importance of considering what is the purpose of the order sought. This article looks at the recent decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (‘Hagendorfer’) and addresses potential risks and provides guidance for practitioners to mitigate these risks.

In this practice update, we will explore recent judicial guidance from Jurak v Latham [2023] NSWSC 1318 regarding Notices of Claim and the role they play in family provision proceedings. Here to guide us through the case is Josephine Pignataro, Special Counsel and Accredited Specialist (Wills & Estates). 

A recent case before the New South Wales Court of Appeal, Gan v Xie [2023] NSWCA 163, resurfaced issues regarding direct speech, and how it ought to appear in an affidavit. Barrister Jonathan Tsang, a College of Law graduate, spoke to us about the key implications following this decision, and what lawyers need to know moving forward.

The REIQ contract for houses and residential land and REIQ contract for residential lots in a community title scheme have been amended as of 7 June 2024. Tara Cush, lecturer at the College of Law Queensland, provides an overview of how these amendments will impact REIQ contracts. 

In this practice update, we delve into the legal grounds for removing an executor, a situation fraught with potential conflict and complexity. Barrister and adjunct lecturer at the College of Law, Tasman Ash Fleming, offers insights on the most common reasons for executor removal, from conflicts of interest to financial mismanagement. We'll explore the legal process for challenging an executor and the importance of clear evidence to secure a court order in Victoria.

Bias and age-based discrimination remains an issue in the workforce, despite legal protections. In this article, we delve into the intricacies of age bias claims with Tilé Imo, Associate Director of Caxton Legal Centre. We explore the evolving legal landscape, effective strategies for litigating age discrimination cases, and the emerging trends that lawyers need to be aware of to best serve their clients.

Priority Notices are a relatively new feature in Real Property that property lawyers need to work with, and as such, they are not always well understood. Here to demystify how Priority Notices work, how they came about, and when and how to use them is property lawyer Greg Stilianou.

Testator’s family maintenance claims (‘TFM’) can be a tricky area of law. That’s why we caught up with barrister, mediator and College of Law adjunct lecturer, Tasman Fleming, who has conducted mediations in Wills and Estates, and in particular Testator Family Maintenance matters. In this practice update, we explore disentitling conduct, what it involves, and how lawyers can best navigate its challenges.

The rules governing whether to prepare a land dealing in paper or electronically in NSW can be complex. Here to untangle this complexity is property lawyer and College of Law adjunct lecturer Greg Stilianou, who will step you through what you need to know.

Queensland is on track to require a stronger duty of disclosure upon Sellers, bringing them in greater alignment with Australia’s southern states. These reforms come as part of a proposed Property Law Bill 2023, which, if passed, is likely to have significant implications for property lawyers practising in Queensland. We spoke to College of Law lecturer Tara Cush on the implications of these reforms, what they involve, and what lawyers need to know.