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The starting point before considering the duties of an administrator of an estate, is the general principle expressed in Re Tankard; Tankard v Midland Bank Executor and Trustee Co Ltd Ch 69 – “There is a general principle, falling short of a rule of law, that the...

The decision of Gower v State of NSW NSWCA 132 is a case of interest in relation to work injury damages claims. In the decision, the NSW Court of Appeal dismissed an appeal for an extension of a statutory limitation period to bring a claim for work injury damages 10...

The word ‘lawyer’ is the generic term for a legal practitioner and can include solicitors, barristers and even judges and magistrates. A ‘litigator’ is a lawyer who practices in the area of court work and can include advocacy. A ‘litigator’ can include a solicitor or...

A director of a company has a range of legal duties including to make sure the company complies with general and specific laws relating to the company’s operations. The general duties of a director are set out in the Corporations Act 2001 (Commonwealth). A director...

TPD stands for ‘Total and Permanent Disability’. Many insurance and superannuation policies have a total and permanent disability insurance component. If you have TPD insurance, and have suffered an injury or illness, you may be entitled to make a claim on the...

What is the quickest and cheapest way of recovering a bad debt? What are the best techniques for recovering a bad debt? How do you maximise your chances of recovering a bad debt? If communication has broken down with a person or business who owes you money, it is...

People often do not realise that they have a personal injury claim. There are all sorts of potential claims.  Perhaps you were involved in a motor accident or a work accident.  Or you suffered injury at a public or private place.  Or you were on the...

A Will can be challenged for all sorts of reasons.  For instance, a Will may be a fraud.  The person making the Will may have been the subject of undue influence.  Or perhaps the person making the Will did not have the mental capacity to make a Will....

Approximately half of Australians do not have a Will, according to the NSW Trustee & Guardian.  This figure is almost certainly an underestimation.  A more realistic figure is that 70% of Australians do not have a Will. There are various consequences of...

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...