by mcauley_admin | Nov 30, 2022 | Publication
A contract can be ‘illegal’ because it is prohibited by legislation or it infringes a rule of public policy. Prohibited by Legislation In order for a contract to be ‘illegal’ because it is prohibited by legislation, the contract must be expressly or impliedly...
by mcauley_admin | Nov 28, 2022 | Publication
There are many ways to challenge the validity of a Will. If a Will is successfully challenged, a Will can, in effect, be set aside or varied. The main ways of challenging a Will are to allege undue influence, fraud, forgery, lack of testamentary capacity and/or...
by mcauley_admin | Nov 25, 2022 | Publication
In simple terms, proportionate liability is a system which limits some types of civil liability. By way of illustration, if a manufacturer and a distributor are both responsible for faulty software, a system of proportionate liability might limit each of the...
by mcauley_admin | Nov 23, 2022 | Publication
When someone dies unexpectantly, the media often say that “a report will be prepared for the Coroner”. But what does the Coroner do? And what are the powers of the Coroner? What does the Coroner do? The Coroner investigates certain kinds of deaths, suspected...
by mcauley_admin | Nov 22, 2022 | Publication
An important part of running Court cases is maximising the chances of your opponent paying your legal costs. Recovery of legal costs A successful party to litigation, in NSW, generally only recovers, at best, 60% to 70% of their incurred legal costs. However outlined...
