Barristers Solicitors Mediators

Located in O'Connor, Perth

Phone

+618 9331 5722

  • McIntosh v McIntosh [2014] QSC 99 What is the position where the deceased’s legal personal representative (eg, executor) seeks to have the deceased’s superannuation paid to them personally as a dependent of the deceased, rather than to the deceased estate?  A recent Supreme Court decision may shed some light. The Facts The deceased died a single man at the age of 40.  He suffered from bi-polar disorder and lived with his mother, who cared for him.  The deceased’s parents had separated when he was about 6 and the deceased had lived with his mother for most of his life. The deceased did not leave a Will. His mother was appointed Administrator […]

  • Carolyn Margaret Hickin v Robyn Patricia Carroll & Ors Recently the NSW Supreme Court confirmed as valid a clause in a Will which required his children to convert to Catholicism if they wished to inherit. Brief Facts The deceased man and his wife separated in 1959.  Subsequently, the wife and their four children became Jehovah’s Witnesses.  The deceased strongly objected to this. In December 2011 the deceased made a Will which gave part of his estate to his children, but only if they attended his funeral and were baptised in the Catholic Church within 3 months of his death. The adult children all attended the testator’s funeral but did not […]

  • Recent events show that businesses need to tread very carefully when using online reviews and testimonials. Menulog “Cash for No Comment” Menulog recently came under fire for offering customers cash vouchers and free meals in exchange for removing negative reviews of restaurants from its website. Menulog is a popular website offering online ordering of food from over 3,500 restaurants across Australia (and some 191 restaurants in Perth, WA) and the ability to rate restaurants and search for the highest rated. The Sydney Morning Herald reported that a number of customers had been contacted by Menulog, or even the reviewed restaurants and offered incentives for removing negative reviews. ACCC prosecution of […]

  • The Corporations Act provides that a person is entitled to assume that a document has been properly executed by a company if it has been signed by the appropriate company officers (eg, 2 directors, director and secretary or sole director). The Facts The ANZ Bank provided facilities to a group of companies including Frenmast Pty Ltd.  As a part of this the ANZ obtained a guarantee from Frenmast in relation to the loans it had made to one of the other companies and to one of the directors of Frenmast, Robert Tiricovski. The guarantee appeared to have been executed by Frenmast because it bore the signatures of Robert Tiricovski and […]

  • If you own assets outside of WA or Australia, you may need to do some extra estate planning.

  • Gun ownership has particular implications for estate planning and the administration of an estate.

  • Before you make your Will, read this!

  • Your business collects information on customers and potential customers. Does your use of that information comply with the privacy laws?

  • A recent decision of the WA Court of Appeal regarding a sale of land contract which was illegal by virtue of section 13 of the Sale of Land Act 1970 (WA).

  • Did you know that your Will can provide for the care and protection of your loved pets?

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