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...
by mcauley_admin | Nov 22, 2022 | Publication
A man who won an inheritance from a Supreme Court of NSW judge has had the same inheritance taken away from him by the NSW Court of Appeal. Robert Wilcox was left out of his Grandfather’s Will and everything was left to Robert’s mother, Patricia. Robert brought a...
by mcauley_admin | Nov 21, 2022 | Publication
If you spend days, weeks or months negotiating a deal, and the deal is subsequently reduced to writing and signed, are the negotiations which took place prior to the agreement being signed relevant in determining what you have agreed to? Generally speaking, no. When...
