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03 Apr 2024

Transfer of property from father and stepmother to son ends in court – which case won?

In 1998, an elderly married couple purchased a 255-acre rural property in northern NSW. By 2004, they were receiving the aged pension and came to believe that owning the property might disqualify them from the pension.

Their belief stemmed from a conversation with their daughter, who allegedly said words to the effect: “If you own over five acres of property, you may no longer be entitled to receive the pension.”

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contesting a will, challenge a will, contest a will, dispute, beneficiary, testator, deceased, will, family provision claim, distribution, assets, probate, executor, eligible person, Succession Act, NSW, claim, validity, undue influence, testamentary capacity, notional estate
06 Dec 2023

Contesting a will in NSW – the horror story edition

Successfully contesting a will can lead to a fairer distribution of assets from a deceased estate and provide protection for vulnerable family members. However, the experience can be fraught with turmoil and financial strain. Emotions can run high and relationships within the family can deteriorate. Contesting a will is a complex legal process that requires […]
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deepfake, AI, artificial intelligence, bullying, misinformation, disinformation, image-based abuse, fake news, privacy, cybersecurity, data protection, child protection, defamation, e-safety, online
24 Nov 2023

AI-generated deepfake images create bullying danger

Concerns with the use of artificial intelligence on the internet are growing, due to its potential to design powerful toxins, control robo-missiles, perpetuate online scams, spread misinformation and lies, and create AI-generated deepfake imagery and porn. Children exploiting deepfake imagery for bullying Australia’s online safety regulator reports AI-generated sexually explicit imagery and deepfake porn are […]
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bank of mum and dad, BOMAD, bank of dad, loan, gift, family loan, financial support, property, mortgage, cost of living, Centrelink, age pension, guarantor, borrowing capacity, credit score, security, documented, divorce, Deed, verbal agreement
19 Oct 2023

Trouble at the bank of mum and dad – the horror story edition on family loans

Unaffordable housing leads to reliance on bank of mum and dad As Australia continues to rank among the least affordable markets for housing globally, it is becoming increasingly difficult for young people and other aspiring first-home owners to buy a property. Consequently, the “bank of mum and dad” is as popular as ever. However, there […]
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fire damage, property, land, contract, contract for sale, rescind, rescission, repudiate, repudiation, habitable, deposit, breach, Supreme Court, NSW, structural damage, engineer, insurance, materially different, substantially damaged
26 Jul 2023

“The house I was buying suffered extensive fire damage, so I’m entitled to rescind the contract.” Which case won?

On 11 July 2003, a buyer of property and its sellers entered into a contract for sale of land, for a property on Sydney’s lower north shore.

The purchase price was $1.4 million, with a deposit payable of $140,000.

A two-bedroom house was constructed on the property around 1946. Though it was habitable, it was showing signs of its age.

Shortly after entering into the contract, the buyer obtained the owners’ consent to lodge plans with the local council to develop the property.

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farm trespass laws, farm, farming, agriculture, ag-gag laws, animal welfare, animal advocate, animal cruelty, animal rights, video, covert, footage, private property, slaughterhouse, transparency, whistleblower, live export, greyhound, horse racing, cruelty
18 Jul 2023

NSW farm trespass laws upheld by High Court

In 2022 the High Court upheld the NSW farm trespass laws, also known as the “ag-gag laws” that make it a criminal offence for animal welfare advocates and others to publish covert video footage taken as a result of trespassing on private agricultural property. Challenge to constitutionality of farm trespass laws Animal protection group Farm […]
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disclosure, disclosure requirements, information, documents, family law, divorce, couple, separation, assets, liabilities, financial information, bank account, income, expenses, tax return, financial statement, credit union, parenting, employment, criminal record, parent, child
05 Jul 2023

Disclosure requirements in family law – what am I meant to provide?

Disclosure plays a critical role in family law proceedings in Australia. The term refers to the process of providing information and documents relevant to a case to the other party and the court. It is designed to ensure that everyone has access to the necessary information to make informed decisions and achieve a fair outcome. […]
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AI, artificial intelligence, ChatGPT, regulation, law, hallucination, AI control, AI system, AI regulation, digital, technology, deepfake, National AI Centre
15 Jun 2023

New laws coming to curtail artificial intelligence (AI)

Lawyer’s use of AI program confirms its unreliability A New York lawyer was embarrassed to admit using artificial intelligence (AI) program ChatGPT when preparing his courtroom legal argument, after it was exposed to have cited several court cases that didn’t exist. When the judge and opponent lawyers couldn’t find the cases, the lawyer discovered ChatGPT […]
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driverless cars, self driving car, automated vehicle, autonomous vehicle, vehicle, car, truck, road, driver, safety, pedestrian, swerve, crash, brakes, computer, law, public road, National Transport Commission, NRMA, accident, traffic, highway
13 Jun 2023

Driverless cars are coming – but whose fault will it be when they crash?

Are driverless cars safe? We know that driverless cars are coming. So imagine the future, when you get into your driverless car, set the controls to take you home, sit back and relax as the autonomous vehicle sets off down the road. You are in the driver’s seat, but your hands aren’t on the steering […]
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divorce doula, divorce, support, support person, client, coaching, paperwork, communication, conflict resolution, parenting plan, unregulated, unregulated profession, regulation, confidentiality, ethics
01 Jun 2023

What on earth is a divorce doula?

Going through a divorce can be a challenging, complex and emotionally draining process. In recent years, a new phenomenon has emerged to help people navigate divorce with support and guidance – the divorce doula. However, while the support provided may be invaluable from an emotional perspective, it is important to remember that divorce doulas are […]
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21 Apr 2023

Guilty or not guilty – could computers replace judges in a court of law?

Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
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human trafficking, slave, slavery, sex slave, sexual slavery, trafficker, human trafficker, offender, co-offender, victim, violence, coercive control, psychological control, isolation, sex work, passport, debunk, myth
28 Feb 2023

Human trafficking myths exploded

Hollywood movies tend to depict evil human traffickers as dastardly foreign men with big moustaches who kidnap or use unscrupulous trickery to lure unsuspecting women into a sordid life of sex slavery in far-off lands. However, a new study has exploded those common myths of human trafficking in Australia. Women often play leading role in […]
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illegal interview questions, interview, job interview, job applicant, candidate, discrimination, employer, employee, Fair Work Act, protected attributes, interviewer
24 Jan 2023

Are you hiring? Beware of illegal interview questions

Job interviews are daunting – you need the job, but it seems all the power lies in the hands of the company’s interviewer. It’s their task to elicit as much information about you as possible to see if you’re right for the job. However, there are limits to what prospective employers can ask you, with […]
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coercive, coercive control, domestic violence, homicide, physical violence, victim, survivor, financial abuse, verbal abuse, belittling, jealousy, threats, intimidation, police, criminalise, emotional abuse
30 Nov 2022

Coercive control to be a crime in NSW and Queensland

Both NSW and Queensland are expected to criminalise coercive control by the end of 2022 following parliamentary inquiries in both states. The move aims to strengthen measures to combat domestic violence, particularly as coercive control typically precedes intimate partner homicide. What is coercive control? NSW Attorney-General Mark Speakman said the government was consulting on introducing […]
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scammers, scam, fraud, fraudster, con man, online scam, dating scam, ACCC, cybercrime, cybersecurity, proceeds of crime, Facebook, Meta, crypto, misleading conduct
15 Nov 2022

Overseas-based scammers continue to outwit us as losses climb

Many scammers out of reach as financial impact of scams rises Every year Australians lose millions of dollars to dating and other online scams, as people are lured into handing over money to scammers who create fake online profiles targeting people looking for love. Scamwatch, operated by the Australian Competition and Consumer Commission, says $324 […]
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dying without a will, testator, intestate, beneficiary, de facto, Succession Act, inherit, inheritance, superannuation, death benefit, CPI
12 Oct 2022

Your baby, your de facto, your ex – why dying without a will is a very bad idea

Dying without a will can lead to many problems for your loved ones in dealing with your estate and distributing your assets. It can be especially problematic if the person who dies without a will had a de facto, as well as children from a previous relationship. What is a will? A will is a […]
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loans to family, loan, gift, borrower, money, sum, asset, agreement, document, bankrupt
29 Sep 2022

Gifts and loans to family members

It is not uncommon for people to give gifts or loans to family members, whether it be money or assets such as property. However, there are some important misconceptions that the lender and the borrower should both be aware of before giving, lending, borrowing or taking. What is the difference between gifts and loans to […]
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exemption clause, contract, flu, vaccine, shipment, transport, pharmaceutical, negligence, freight, perishable
19 Sep 2022

Are you bound by a contract which you signed but didn’t read properly? Which case won?

An Australian pharmaceutical company purchased a shipment of influenza vaccines from the United Kingdom in preparation for the 1999 flu season.

The vaccine was required to be stored at a certain temperature and meet other delivery requirements.

The collection, storage and transportation of the vaccine was to be handled by a separate company. This process was arranged by a retailer of medical supplies.

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